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SIR THOMAS SMITH
DE REPUBLIC A ANGLORUM
CAMBRIDGE UNIVERSITY PRESS WAREHOUSE,
C. F. CLAY, Manager.
Hon&on: FETTER LANE, E.C.
«laafloto: so, WELLINGTON STREET.
leifljtg: F. A. BROCKHAUS.
#efo Horit : G. P. PUTNAM'S SONS.
BombatJ anU Calcutta : MACM1LLAN AND CO., Ltd.
[All Rights reserved.]
Se republica anglorum
A DISCOURSE ON THE
COMMONWEALTH OF
ENGLAND
BY
SIR THOMAS SMITH
EDITED BY
L. ALSTON, Christ's College
WITH A PREFACE BY
F. W. MAITLAND, LL.D.
DOWNING PROFESSOR OF THE LAWS OF ENGLAND
Cambridge
at the University Press
1906
(Eam&ri&ge :
PRINTED BY JOHN CLAY, M.A.
AT THE UNIVERSITY PRESS.
CONTENTS.
PRINCIPALL MATTERS
Preface (F. W. M.)
Introduction (L. A.)
' To the Reader (1583)
A Necessarie Table of all the
contained in this booke
! De Republica Anglorum ...
Appendix A (The later editions)
Appendix B (Extracts from Harrison's Description
land)
Appendix C (Certain MSS. readings)
of En$
PAGE
V
xi
3
5
9
144
168
I7J
PREFACE.
Sir Thomas Smith's discourse on the Common-
wealth of England is a famous and in some sort a
well-known book. No one would think of writing
about the England of Elizabeth's day without pay-
ing heed to what was written about that matter by
her learned and accomplished Secretary of State.
His little treatise comprises some sentences touching
the powers of Parliament which have been quoted and
transcribed times without number, and which will be
quoted and transcribed so long as men take any
interest in the history of the English constitution.
But if in this sense it has been a well-known book,
we cannot say that it has been exactly and accurately
known. It has been possible, even for learned men, to
mistake a Latin translation for the original text, and
the copies of the English text which have been in the
market differ materially from each other. Those of
the oldest editions have commanded a somewhat high
price, while those of later editions give us a good deal
of matter which we cannot with any confidence ascribe
to the pen of Sir Thomas.
a 5 vii
PREFACE
It seemed then that the time had come when a new
edition would be welcome. Also it seemed fit and
proper that the new edition should proceed from the
Press of that University of which Sir Thomas Smith
was in his day one of the most illustrious sons.
Mr Alston has kindly taken off my hands a piece of
work that I was unable to bring to an end, and, though
this is not the place in which I may praise him, I may
even here be allowed to say that he has spared no pains
in his endeavour to set before the public a good text
of a good book.
His Introduction leaves me nothing to do save to
call to remembrance the main facts of our author's life.
It will not be forgotten that Sir Thomas found a
biographer in John Strype, nor that in more recent
times Professor A. F. Pollard has written an excellent
article about him in the Dictionary of National Biography.
Mr Mullinger also in his History of the University of
Cambridge has spoken at some length of Smith's
academic career. This being so, but very little need
here be said.
Thomas Smith was born at Saffron Walden in
1 5 13. In 1526 he entered Queens' College, Cam-
bridge. At the beginning of 1530 he was elected a
fellow of that college, being then B.A. He graduated
M.A. in 1533 and shortly afterwards began to lecture
on Greek. In 1538 he became public orator of the
University. It was at this time that he won the
honourable place that he holds in the history of scholar-
viii
PREFACE
ship by endeavouring in concert with his friend John
Cheke to introduce the ' Erasmian' method of pro-
nouncing the Greek language ; but he was also paying
attention to Roman law. In 1 540 King Henry founded
the five regius professorships, and the chair of civil law
was given to Smith. He went abroad to study and
became a doctor in law of the University of Padua ;
also he saw something of the French universities, in
which Roman jurisprudence was beginning to shake
off" its medieval garb. As in the case of scholarship,
so in the case of law, he was on the side of the
reformers, and he returned to speak with enthusiasm
to a Cambridge audience of the work that was being
done by Andrea Alciato and Ulrich Zasi. In religion
also he was with the reformers. He became chancellor
to Goodrich, bishop of Ely. In 1 546 he was ordained
priest, and he held the rectory of Leverington in Cam-
bridgeshire. Shortly after the accession of Edward VI.
he entered public life and the service of the Protector
Somerset. He became clerk of the privy council,
steward of the stannary court, a master of the court
of requests, provost of Eton, dean of Carlisle, and
in 1548 one of the two secretaries of state. The
fall of the Protector, to whom he had been faithful,
brought some trouble upon him. He was deprived
of the secretaryship and the professorship. Mary's
accession brought further trouble. A married priest,
he had to resign Eton and Carlisle, but from any
worse fate than a life in retirement he seems to have
ix
PREFACE
been shielded by Stephen Gardiner, who, it is said, had
reason to be grateful to him for similar services per-
formed in King Edward's reign. When Mary died,
he once more emerged. He was at once placed upon
a commission ' for the consideration of things necessary
for a parliament' — the momentous parliament of 1559,
in which, notwithstanding his holy orders, he repre-
sented the borough of Liverpool. A committee of
divines was to meet at his house to review the book
of common prayer ; but whether that committee ever
met seems still to be an open question, and to a
degree that is somewhat surprising Smith appears
during the rest of his life to have behaved as though
he had never been ordained. In 1562 he was sent
as Elizabeth's ambassador to France and there he
remained until 15616 during a stormy time. While
in France he wrote the little treatise that is here
printed. He was admitted to the privy council in
1 57 1 and once more became a secretary of state in
1572. He represented the county of Essex in the
parliament of that year and became chancellor of the
order of the garter. His health failed in 1576 and
he died on the 12th of August 1577.
Altogether it is a remarkable career. Few English-
men have held so many offices of such different sorts.
Among his contemporaries his reputation for learning
stood high. Not only was he regarded as an erudite
* Grecian,' but he knew something of Hebrew and the
modern tongues. Not only was he regarded as an
PREFACE
eminent and enlightened { civilian,' but he was ac-
counted a master of history and mathematics and l natural
philosophy.' The chief works of his that have come
down to us, beside the book on the Commonwealth
of England, are a tract on the pronunciation of Greek
and a tract on the reform of English spelling, both
of which were published in his lifetime, and an inter-
esting dialogue, printed by Strype, on the question
whether it were well that Queen Elizabeth should
marry a foreigner, an Englishman, or nobody. We
have also many letters on affairs of state which proceed
from him. His c Commonwealth ' or ' De Republica '
was not published until 1583, some eighteen years
after it was first written and some six years after his
death. The rapidity with which new editions of it were
issued shews that it was widely read, and we may say
that it has won for itself a place among our constitu-
tional classics. But at this point I may resign the pen
to Mr Alston.
F. W. MAITLAND.
XI
INTRODUCTION.
Sir Thomas Smith was Elizabeth's ambassador in
France from 1562 to 1566, and it was in this period
that he penned what was intended to be the first rough
draft of his De Republica Anglorum. Perhaps we cannot
do better than begin with a quotation from a letter
written by Smith to his friend Walter Haddon. It is
dated the 6th of April at Bordeaux, whither the English
minister had followed the French court from Toulouse,
but it was written on the journey. Queen Catherine,
we may observe in passing, was on her way to that
famous interview at Bayonne of which our historians
tell us less than we should like to know. Haddon has
asked how Smith employs his time ; Smith, in a Latin
epistle, which is printed in Haddon1 'sLucubrationes, replies
to his queries. The part of the letter which refers to
our book may be rendered as follows. " And because
in my absence I feel a yearning for our commonwealth, I
have put together three books here at Toulouse describing
it, taking as the title De Republica Anglorum ; and in these
I have set forth almost the whole of its form, especially
those points in which it differs from the others. But
it differs in almost all ; with the consequence that the
work has grown larger than I expected. I have written
it moreover in the language of our own country, in
a style midway between the historical and the philoso-
phical, giving it the shape in which I imagined that
Aristotle wrote of the many Greek commonwealths
xiii
DE REPUBLICA ANGLORUM
books which are no longer extant. I have furnished
fruitful argument for those who would debate after the
fashion of philosophers on single topics and raise nice
points as to justice and injustice, and whether what is
held yonder in England as law be the better, or what is
held here and in those regions which are administered
in accordance with the Roman Law. For all things,
almost, are different, and I have set them forth on both
sides in rough general outline. ' Why not send the
books to me ? ' (you say). ' I desire eagerly to see
what you have done.' They still lie among the rough
scrawls of my note books ; when they have been fully
written out and given to the world in book-form, I shall
send them to you. For you were accustomed to think (as
the well-known writer puts it1) that our trifles had some
value. You will certainly say, if I mistake not, when
you read them through, that I am not ill-versed in our
country's institutions. But it needs must be that in
this brief essay there should be gaps, and a few points
not filled in, because I brought with me not a single
book and had no men of law to consult. Accordingly
I have written only as much as was supplied by my
memory, for the time being, of matters I had seen or
read. Those parts that are imperfect I shall be able to
complete at my leisure when I have returned home."
The work itself is dated with scrupulous exactitude,
much in the fashion of Thucydides, in the last chapter
of the third book. The author tells us that he has set
forth the government of England as it stands " at this
day the xxviij of March Anno 1565 in the vij yeare of
the raigne and administration thereof by the most
vertuous and noble Queene Elizabeth, daughter to King
1 Namque tii solebas nostras (ut ille ait) esse aliquid putare nugas. Cf.
Catull. 1. 3.
xiv
INTRODUCTION
Henrie the eight, and in the one and fifteeth yeere of
mine age, when I was ambassador for her majestie in
the court of Fraunce, the scepter whereof at that time
the noble Prince and of great hope Charles Maximilian
did holde, having then raigned iiij yeares." We shall
see grounds for believing that Smith kept to his pur-
pose of making additions to his treatise later on, and we
might therefore be tempted to conclude that this
epilogue — the British Museum MS. cuts it off as a
separate chapter headed Epilogus — with its past tenses,
"was ambassador," "did holde," "having then raigned,"
is one of these later additions. But the similarity of the
last sentences of the chapter to the sentences of the
letter to Haddon makes it more probable that the two
were written close about the same time ; and that Smith
is sympathetically putting himself in the place of the
readers to whom this date will belong to the past. In
describing the English constitution, he tells us, he has
set before our eyes " the principall pointes wherein
it doth differ from the policie or government at this
time used in Fraunce, Italie, Spaine, Germanie and all
other countries, which doe followe the civill lawe of the
Romanes compiled by Justinian into his pandects and
code." He has dealt especially with the "pointes
wherein the one differeth from the other, to see who
hath taken the righter, truer, and more commodious
way to governe the people aswell in warre as in peace.
This will be no illiberall occupation for him that is
a Philosopher and hath a delight in disputing, nor un-
profitable for him who hath to do and hath good will to
serve the Prince and the common wealth in giving
counsell for the better administration thereof." This
explanation is very similar to that which he makes to
Haddon in his letter dated less than a fortnight later.
xv
DE REPUBLICA ANGLORUM
Sir Thomas Smith died on the 12th August, 1577,
after an illness that had lasted over a year. The De
Republica was not published till 1583, when it was
brought out by Gregorie Seton (London) with a number
of marginal notes, mostly of the nature of corrections,
and not always couched in language complimentary to
the author of the book. For these notes Smith is
apparently not responsible. But the question naturally
arises, had Smith in any way polished, or added to, his
draft of March 1565 ?
Now in 1577, the year of Smith's death, though
presumably before the month of his death, appeared
the first edition of Holinshed's Chronicle, and in this was
incorporated William Harrison's well-known Description
of England. Of this again a second and enlarged edition
appeared in 1587, four years after the publication of the
De Republica, and in Harrison's section of the work in
this second edition we find an additional chapter dealing
with Parliament — a chapter which is a condensation and
adaptation of certain chapters of Smith's book. Parlia-
mentary procedure is here described, as Harrison freely
admits, in the same words " as sir Thomas Smith dooth
deliver and set them downe, whose onelie direction I
use, and almost word for word in this chapter, requiting
him with a like borowage as he hath used toward me in
his discourse of the sundrie degrees of estates in the
commonwealth of England, which (as I hope) shall be
no discredit to his travell." Here is a confession, but
also an accusation. And we turn with some interest
therefore to the earlier edition of Holinshed to see
what Harrison has had to say about the "sundrie
degrees of estates," and whether there is any truth in
this remarkably courteous and friendly charge of
plagiarism.
INTRODUCTION
The similarity of the two sets of chapters dealing
with the nobility, gentry, yeomanry etc. is sufficiently
striking. One of the two authors has "borrowed" ; and
if the "borowage" was from a printed work, Smith was
evidently the debtor in the transaction. Can it however
have been Harrison who saw and used Smith's manu-
script ? Possibly, but not probably. When we compare
the earlier Holinshed (1577), the later Holinshed
(1587), and Smith, we find many differences of a kind
that point to Smith's treatment being intermediate in
time between the other two. For though he has
lifted without acknowledgment the substance of whole
paragraphs from his friend's work, he has done so with
discretion as regards rearrangement of the matter and
also occasional literary improvements. And then when
Harrison comes to rewrite his book for the later edition
he re-borrows not a few of these improvements — taking
over, for instance, the phrase about gentlemen being
made " good cheap " in England — and he uses Smith's
work as freely as Smith has used his. Moreover,
he never hesitates in making his acknowledgments.
Smith's name appears more than once in the enlarged
chapters, and it is this fact, doubtless, that has caused
commentators to overlook Harrison's priority. Had
Harrison stolen secretly in his first edition from an
unpublished manuscript, he could scarcely have penned
that genial sentence about the guilty Smith, nor should
we expect to find him so scrupulous in acknowledging
his later indebtedness.
If Smith plagiarised from the published Holinshed,
and not from some unpublished MS., it must necessarily
have been in the last few months of his life, in the course
of his prolonged illness. With regard to this last illness,
Strype (who, though by no means the most trustworthy
xvii
DE REPUBLICA ANGLORUM
of biographers, is not likely to have wilfully misstated
what he has read) writes as follows [Life of Smith, 2nd
edit. 1820, p. 148). "But he could not be idle, which
he said was contrary to his nature : he was therefore
minded to follow his study, and take a review of what
he had formerly done. And in this loathful leisure, as
he called it, among other occupations and pastimes, he
would remember the days of his youth, and look back
again to his doings then ; and now being old, quasi
repuerascere, i.e. hereby, ' as it were to grow a child
again.' When he was secretary in King Edward's days,
he wrote a book of the value of Roman coins to our
English standard, upon a question Cecil, his fellow
Secretary, had moved to him, viz. what was the ordinary
wages of a soldier at Rome. This book, as many others
which he wrote in his youth, he had now lost He
desired therefore the Lord Treasurer to see for it, who
he thought had not laid it up so negligently — This
book, as it seems, the Lord Treasurer found out among
his papers, and sent it to the Secretary, according to his
request ; which he had desired to see, as he said to the
said Lord, tanquam filium postliminio redeuntem, perditum
quasi, et iterum inventurn." Strype in this passage is
quoting from some letter or letters of Smith, and though
there is no mention here of the De Republican we gather
that Smith was revising at least some of his early
writings. Among these he may well have taken in
hand the book with which we are here concerned.
There is also a little internal evidence pointing to
composite construction and revision of the De Republica.
This however might conceivably be put down to the
account of the editorial hand that prepared the work
for publication after Smith's death. But if so, the
editor cannot be the commentator who has added the
xviii
INTRODUCTION
marginal notes, for the corrective marginalia occur in
what we may call the Harrison chapters as well as else-
where. Moreover the editor must have been a man of
considerable literary ability and have taken unusual
trouble in the rearrangement. For the revision which
I suppose to have been undertaken at some date be-
tween 1565 and 1583 seems to have extended beyond
the additional chapters (16 to 24 of Book I.) which
were taken over from Harrison. Notice, for instance,
in Book II. chapter 2 the words, " Yeomen I call here
as before...," and yet there is no other reference to
yeomen except in the Harrison chapters1.
But more important for the settlement of the
question of Smith's plagiarism is a linguistic detail.
Smith habitually uses " Prince " to stand for " King or
Queen," possibly because he is writing in the reign of
a queen regnant, but has spent the first forty years of
his life in the service of Henry VIII. and Edward, and
is equally familiar with the name " King." (Books
published in the latter years of Victoria's reign frequently
speak of the Queen and her powers and prerogatives as
if England had always been and always would be under
the sway of a woman.) But in Book I. chapter 18
we are told that the " King's eldest sonne is called kolt
i^o^rju the Prince," and this use of the title appears
1 Just possibly however, it may be pointed out in passing, these
chapters took the place of some earlier chapters which have been com-
pletely omitted. For the third chapter of Book II. opens with the
sentence — " The Prince whom I nowe call (as I have often before) the
Monarch of Englande, King or Queene, "; — and yet the word
"monarch" has only occurred once previously, namely in Book I.
chapter 24; the word "monarchy" only twice, in chapters 7 and
9 ; and the Greek word povapxia but once also. And further, if we
merely strike out chapters 16 to 24 as not belonging to the original
text, and do not assume any earlier chapters to have stood in their place,
the three books of the treatise would be of very unequal length, viz. 18
(instead of 33) pages, 53, and 32.
xix
DE REPUBLICA ANGLORUM
elsewhere in only two places, — in another sentence of
the same chapter, and once in chapter 16. In all other
cases, even within the Harrison chapters, the other
usage prevails.
We may notice also some reasons why Smith, while
borrowing freely certain paragraphs of Harrison, may
have thought well to leave other passages untouched.
Harrison deals at some length with the merchants of
England, whose great numbers he pathetically laments
as the cause of high prices. Smith, who had written
several pamphlets on monetary questions and had per-
haps some claim to be called an economist, may well
have disagreed with this sweeping statement. Harrison
mentions the chief officers of state, giving their order of
precedence, and Smith, himself twice secretary of state,
may have omitted mention of them on grounds of
personal modesty. On similar grounds we may account
for his omission of Harrison's description of the clergy.
Smith was in holy orders, and may well have shrunk
from transcribing the eulogiums on the learning —
Greek, Latin and Hebrew — of the English clergy.
Harrison has dealt also with other questions of
which Smith treats elsewhere, such as the sub-
divisions of the county and the duties of sheriffs,
justices, and constables, but all this matter Smith leaves
severely alone. For an explanation of this, however, we
need not go further than the words of Harrison him-
self, who closes his treatment of the shires in the follow-
ing characteristic manner. "And this much have I
thought good to set downe generallie of the said
counties and their maner of governance, although not
in so perfect order as the cause requireth, bicause that
of all the rest there is nothing wherewith I am lesse
acquainted than with our temporall regiment, which (to
xx
INTRODUCTION
saie truth) smallie concerneth my calling." It was
hardly from an author of this stamp that Smith would
take matter of legal or quasi-legal character.
One curious point with regard to the assumed
plagiarism deserves a passing mention. At the end of
Harrison's account of the knights of the garter come
the words — " and the rest by certeine statutes and lawes
amongst themselves be taken as brethren and fellowes
in that order, to the number of six and twentie, as
I find in a certeine treatise written of the same, an
example whereof I have here inserted word for word,
as it was delivered unto me, beginning after this
maner." It is not quite clear whether this refers to
some formula of admission to the order, which was in-
tended to follow immediately, but for some reason
was omitted, or whether Harrison is acknowledging
another plagiarism affecting his whole description of the
order. In either case it is a little strange that Smith,
who was himself chancellor of the order and therefore
presumably knew more about it than Harrison (or
Harrison's predecessor, if there was one), should in
this also (see Book I. ch. 1 8) have made use of Harrison.
But though it is a strange fact, and not to be lightly
ignored, it is hardly sufficient in itself to upset the
amount of positive evidence in favour of our theory1.
Let us now look into the subject-matter of the
various chapters more in detail.
Book I. begins with a discussion of the familiar
sixfold division of commonwealths which we inherit from
Aristotle, and of the question, what constitutes justice
and law? (chapters I — 6). Incidentally we get a rough
statement of what is meant by " the ruling and Sove-
1 Some additional evidences of divergence in view between the borrowed
chapters and the rest of the book are noted later on.
xxi
DE REPUBLICA ANGLORUM
raigne part " of a commonwealth. (The abstract term
"sovereignty" does not appear.) "To rule," (we are
told) "is understoode to have the highest and supreme
authoritie of commaundement. That part or member
of the common wealth is saide to rule which doth con-
trowle, correct, and direct all other members of the
common wealth " (I. i). This ruling part may be one
man, the few, or the many ; but in any case " common
wealthes or governements are not most commonly
simple but mixt " (I. 6) ; and so democratic, aristo-
cratic, and monarchical states differ from one another
rather like men of " cholericke, sanguine, phlegmatique,
and melancolique " temperaments, of which we seldom
find " the one utterly perfect without mixtion of the
other." How then is our author going to treat England ?
Is it to be called predominantly democratic, aristocratic,
or monarchical ?
Smith seems to have hesitated. Chapters 7 and 8
deal with kingship in general, and chapter 9 with " the
name king and thadministration of England." This
comparatively lengthy treatment of monarchical govern-
ment, without any corresponding attention to the other
forms, points to its being the most important for the
purpose of the treatise as a whole — or in other words to
England being classed as a monarchy. In chapter 9
he writes as follows. "By olde and auncient histories
that I have red, I do not understand that our nation hath
used any other generall authoritie in this realme neither
Aristocraticall nor Democratically but onely the royall and
kingly majestie which at the first was divided into many
and sundrie kinges, ech absolutely reigning in his
countrie, not under the subjection of other, till... at the
last the realme of England grew into one Monarchic"
The word " absolutely " is probably not intended to
INTRODUCTION
cany any greater value than the succeeding phrase " not
under the subjection of other " ; but England is dis-
tinctly called, not an aristocracy, nor a democracy, but
a monarchy.
Yet, later on, in one of the Harrison chapters, we
get a statement from which the most natural deduction
(in accordance with Smith's own statement of what
constitutes the sovereign part of a state) would seem to
be that England is a democracy. Chapter 24 deals
with "the fourth sort of men which doe not rule."
" These have no voice nor authoritie in our common
wealth, and no account is made of them but onelie to
be ruled, not to rule other, and yet they be not alto-
gether neglected Wherefore generally to speake of
the common wealth, or policie of Englande, it is
governed, administred, and manured by three sortes of
persons, the Prince, Monarch, and head governer,
which is called the King, or if the crowne fall to a
woman, the Queene absolute The gentlemen, which
be divided into two parts, — The thirde and last
sorte of persons is named the yeomanrie ; each of these
hath his part and administration in judgementes, cor-
rections of defaultes, in election of offices, in appointing
and collection of tributes and subsidies, or in making
lawes, as shall appeare hereafter " (I. 24). Moreover,
when he comes to use the word " monarch " in definite
relation to the King or Queen of England (Bk. II. c. 3)
he finds it necessary to draw attention to the fact that
he is doing so, as if this were in some degree a debate-
able point.
Smith, then, would seem to have wavered in his
treatment. He has not thought the question of sove-
reignty out to its logical issues, and the matter which
he has taken from Harrison has not been so well
b xxiii
DE REPUBLICA ANGLORUM
assimilated to the rest of the essay as to allow of the
removal of all inconsistencies.
To revert to the earlier chapters. The tenth we
notice is a digression. It rules out of account what
Seeley would call the " inorganic " state ; for as regards
such a government as that of the Sultan of Turkey
" a man may doubt whether his administration be to be
accompted a common wealth or a kingdome, or rather
to be reputed onely as one that hath under him an
infinite number of slaves or bondmen among whom
there is no right, law nor common wealth."
In the eleventh, twelfth and thirteenth chapters we
get an adumbration of the probable development of
political institutions, beginning with the monarchical
household and closing with the great democratic state.
There is a natural progress, Smith thinks, from patri-
archal kingship in the small community, through an
intermediate aristocratic constitution, to the democratic
government which is adapted to the community which
has outgrown less mature forms of administration. But
none of these, he goes on to point out in chapter 15, is
necessarily suited to all stages in national character.
Democratic institutions best fit one people, monarchical
institutions another. And " when to ech partie or
espece and kinde of the people that is applied which
best agreeth like a garment to the bodie or shoe to the
foote, then the bodie politique is in quiet, and findeth
ease, pleasure and profit."
Down to this point everything that Smith has
written has been of the most general introductory
character, with the exception of the single chapter on
the English king. Now comes a completely new be-
ginning. "To make all thinges yet cleare before, as we
shal go, there ariseth another division of the partes of
xxiv
INTRODUCTION
the common wealth. For it is not -nough to say that
it consisteth of a multitude of houses and families which
make stretes and villages, and the multitude of the stretes
and villages make townes, and the multitude of townes
the realme, and that freemen be considered only in this
behalf.... This (as I sayde) is not enough. But the
division of these which be participant of the common
wealth is one way of them that beare office, the other
of them that beare none : the first are called magis-
trates, the second private men" (I. 16). This intro-
duces the interesting Harrison chapters, from I. 16 to
the end of Book I. As these presumably do not
belong to the original plan of the work we pass direct
to the second book.
Book II. begins with the famous passage dealing
with Parliament and the authority thereof (II. i) ; an
account of the forms observed by Parliament (II. 2) ;
and a summary statement of the powers of the Crown
(II. 3).. Then follows an attempt to classify the forms
of political activity with which a treatise on the consti-
stution should deal. " Common wealthes and govern-
mentes " (we are told) " be most occupyed, and be most
diverse in the fashion of five thinges : in making of
battell and peace, or truce with forraine nations : in
providing of mony for the maintenance of themselves
within themselves, and defence of themselves against
their enemies : in choosing and election of the chiefe
officers and magistrates : and fiftly in the administration
of justice. The firste and thirde we have shewed is
doone by the prince in parliament. The seconde and
fourth by the prince himselfe. The fift remaineth to
be declared " (II. 4). The remainder of the treatise,
from this chapter to the end of Book III. (71 pages
out of 119, or, omitting the Harrison chapters, 7 1 pages
b 2 xxv
DE REPUBLICA ANGLORUM
out of 104), Smith devotes to his main topic, which is,
not the " constitution " as ordinarily understood by
students of political science, but rather that which is
usually treated under the heading of Justice and
Police.
The De Republica is intended as a pioneer treatise
in Comparative Politics, and ends with a call to the
study of the new subject. But the limits and bound-
aries of the study are not yet clearly defined ; and we
need not be surprised therefore that Smith should
waver in his views as to what should and what should
not be included within it. One fact, however, stands
out clearly. The " constitution " does not for Smith
consist of the same elements as for Walter Bagehot or
his imitators, and his work therefore is not felt by him
as the forerunner of such treatises as theirs. For
Smith the framework of a commonwealth consists
almost entirely of its courts, its judicial system, and its
methods of police.
Had his subject-matter been the same as that of
Bagehot's English Constitution, the form and balance of
the essay would necessarily have been very different. No
writer dealing with the " constitution " of Elizabethan
England, in the ordinary sense of that word, could
have ignored the powers and duties of the great officers
of state — least of all a writer who had himself, in two
reigns, held the high position of Principal Secretary of
State. " The period of the Tudors and the early
Stewarts was," as Dr Prothero says (Statutes and Consti-
tutional Documents, Introd. p. ci.), "the 'period of
government by Council.' " Yet the Privy Council
receives only the briefest of passing mentions (in II. 3,
— where it is treated as an appendage of the Prince).
But the Star Chamber, which is practically the same
xxvi
INTRODUCTION
body in its judicial aspect, is described at considerable
length (III. 4). The relations of church and state were
too prominent a question in Smith's time, and convo-
cation was still a body of too great constitutional
importance, for them to be ignored (however cautiously
they might need to be handled) in an Elizabethan
treatise on the constitution. Yet they are passed over
without a mention ; while the ecclesiastical courts are
given the greater part of a chapter (III. 9) and their
relation to the Crown is treated with simple directness.
To Smith, then, the constitution of a commonwealth
consists primarily of its courts and its various forms of
law — martial, ecclesiastical, and general. Nor is his
book, though the treatment is intended to be compara-
tive, greatly concerned with the contrast between " con-
stitutional " England and " absolute " France, as we
should expect if he were mainly interested in such
questions as that of royal and parliamentary sovereignty.
The regularly recurring contrast is that between
England on the one hand and, on the other, those
countries which " doe followe the civill Law of the
Romanes compiled by Justinian into his pandects and
code " (III. 9). This is the comparison which is fore-
shadowed in the letter to Haddon (" problemata facere
...utrum sit melius, id quod isthic teneatur in Anglia
pro lege, an quod hie, et in illis provinciis, quae Romano
iure reguntur") and appears in almost every chapter
of the third book.
Why then does he devote those three lengthy
chapters to the Prince and the Parliament ? He does
so because no account of the judicial system would be
complete without them. The Prince is the head of
that system ; he " giveth all the chiefe and highest
offices or magistracies of the realme, be it of judgement
xxvii
DE REPUBLICA ANGLORUM
or dignitie, temporall or spirituall " ; " all writtes, exe-
cutions and commaundementes be done in the princes
name " ; and in time of war and during insurrections
he has a certain absolute power called "marciall lawe";
while the Parliament (King, Lords and Commons) is
itself the " highest and most authenticall court of
Englande " — not of course because of any jurisdiction
that the upper house may exercise as a court of error
(a jurisdiction which was hardly patent in Elizabeth's
day) — nor yet because of impeachments, for impeach-
ments belong, not to Elizabethan times, but to the
past and to the future.
That word " court " comes to our modern ears
as a mere archaism when it is applied to Parliament.
But to Smith the application seems a natural usage,
expressive of a still living fact. He does not cut
apart the legislative, judicial, and executive func-
tionSj and endeavour to assign each _to_ a particular
element_in_the constitution. Rather he tends to blur
together the first two, and while of course clearly
understanding the great practical difference between
statutes and the sentences of lower courts, to treat them
as being, for theoretical purposes, members of the
same group. Both are the offspring of "courts"; and
though Parliament is the greatest among these, and has
many functions which the others have not, it is not
therefore an element in the constitution which is sui
generis.
Though we are all familiar with the presence of a
court, nominally identical with the House of Lords, as
the supreme court of appeal, we have come, with the
development of political theory, to feel that the quasi-
judicial functions of the full Parliament of King, Lords
and Commons (" legitimating bastards, giving forms of
xxviii
INTRODUCTION
succession to the crown, giving most free pardons and
absolutions, restoring in blood and name as the highest
court," etc.) are incongruous excrescences, historical out-
growths that can best be excused by referring to our
non-logical British methods. When the modern his-
torian reminds us, for instance, that a bill of attainder is
legislative in form but judicial in fact, we feel at once, as
we read such a statement, that Parliament in passing bills
of attainder would be encroaching on an alien sphere of
activity. But to Smith Parliament is primarily a court,
and if dealing with such bills is not its normal or most
distinctive function, it is at least a function of prime im-
portance for his particular purpose. " This is the order
and forme," he says, summing up the chapter, " of the
highest and most authenticall court of Englande, by
vertue whereof all those things be established whereof
I spake before, and no other meanes accounted vailable
to make any new forfaiture of life, member, or landes
of any English man, where there was no lawe ordayned
for it before."
But has not Smith begun by declaring that "the
most high and absolute power of the realme of Englande
consisteth in the Parliament ? " And does not this
statement place Parliament on a totally different level
from all other constitutional bodies, and in fact imply
the existence of parliamentary " sovereignty " ?
Such is indeed the traditional interpretation. And
writers on constitutional history have found herein
Smith's chief claim to a place in the history of thought.
To illustrate the current view it will be sufficient to
quote from that well-known History of the Science of
Politics which we owe to the pen of Sir Frederick
Pollock. " In the De Republica Anglorum or English
Commonwealth of Sir Thomas Smith, first published
xxix
DE REPUBLICA ANGLORUM
after the author's death in 1583, we find something
much more like a forerunner of Hobbes. Indeed, so
clear and precise are Smith's chapters on Sovereignty
that one is tempted to think he must somehow have
had knowledge of Bodin's work. At the outset he
defines political supremacy in a manner by no means
unlike Bodin's. When he comes to English institu-
tions in particular, he states the omnipotence of Parlia-
ment in the most formal manner, and so far as I know
for the first time, as if on purpose to contradict Bodin's
argument that the monarchy of England is really
absolute " (p. 54). And in discussing Locke, a little
further on, the same author says that " he is nowhere
so precise on the supreme authority of Parliament... as
Sir Thomas Smith a century before him " (p. 74).
Yet in spite of the consensus of authority on
the point there is room for considerable doubt as to
whether this view of Smith's position is the correct
view. Whatever may be logically deducible from
the facts stated in the first four chapters of Book II.,
it is questionable whether Smith had at all firmly
gripped the ideas underlying the modern doctrine
of sovereignty. Let us look a little more closely
at the wording of these chapters. But notice first
the frequent references to the contrasted require-
ments of war and peace, e.g. in the last chapter of
the treatise — "to see who hath taken the righter, truer,
and more commodious way to governe the people aswell
in warre as in peace." Now in Book II. chapter 1, —
the critical chapter on Parliament, — Smith goes on,
immediately after the downright statement so often
quoted, to add the following sentence, which, rightly
read, is a distinct qualification of that which precedes.
" For as in warre where the king himselfe in person,
XXX
INTRODUCTION
the nobilitie, the rest of the gentilitie, and the yeomanrie
are, is the force and power of Englande : so in peace
and consultation where the Prince is to give life, and
the last and highest commaundement, the Baronie...the
knightes...the bishoppes...bee present to advertise,
consult, and shew what is good and necessarie for the
common wealth.... That is the Princes and whole realmes
deede." The whole power of the realm is therefore
present either when the king is at the head of his army
or when the king is present in parliament. A parlia-
ment, like the army or the Twelve Men, comes
together for special purposes and disappears again.
Either parliament or army (the king in both cases
being included) may be described as the " power " of
England ; and the decisions of all three — the prince in
the army, the parliament, and the Twelve Men — are
alike " absolute " — that is, not subject to appeal.
Let us look at Smith's use of that word "absolute"
a little closely. It is a word that comes very frequently
from his pen. Aristotle, he says, treats of the division
of commonwealths "most absolutely and methodically"
(I. 8). In Book I. chapter 6 we get a division "simple,
pure and absolute." In I. 16 "an absolute Queen or
an absolute Dutches " appears for our "Queen regnant"
or " Duchess in her own right." In England the royal
and kingly majesty was at the first "divided into many
and sundrie kinges, ech absolutely reigning in his coun-
tries, not under the subjection of other" (I. 9). "The
Prince... hath absolutelie in his power the authoritie
of warre and peace " (II. 3), and his lieutenant may
have "his royall and absolute power for that time"
(I. 18). "In warre time, and in the field the Prince
hath also absolute power, so that his worde is a law
This absolute power is called marciall lawe — The prince
xxxi
DE REPUBLICA ANGLORUM
useth also absolute power in crying and decreeing the
mony of the realme by his proclamation onely" (II. 3).
But the important chapters for our purpose are II. 5
and II. 8. "By order and usage of Englande there is
three wayes and maners, whereby absolute and definite
judgement is given, by parliament which is the highest
and most absolute, by battle, and by the great assise "
(II. 5). ^Cu The two first judgementes be abs_olute
supreme anjLwjthojil^p^eale_^nd_so is also the judge-
ment by_die_greg^assise " (II. 8). "Absolute "there-
tore would appear to be about equivalent to "without
appeal," though it is worth noting that one thing may
\>e more absolute than another. Though judgment by
parliament, by battle, and by the great assize are all
"absolute," judgment by parliament is of the three
" the highest and most absolute." Similarly, in matters
of foreign diplomacy, we are told that " the kingdome
of Englande is farre more absolute than either the
dukedome of Venice is, or the kingdome of the Lace-
demonians was " (II. 3).
One is inclined to think that it must have been
a sort~o?~fashionable catchword, verymuch in the air at.
the timeT nTTZ^alnbard,^oFlnstance, a contemporary
writer dealing with very similar subject-matter, the
following statement occurs : "The power of the Justice
of Peace is in some cases Limited, and (in other some
cases) Absolute : By which latter word, I do not meane
absolute simply but after a manner: For, they may
neither hang a man for a greevous Trespas nor fine him
for a Felonie, and therefore this absolute authoritie is to
our Law better knowne by the name of Dis creation "
(Justices of Peace, Bk. I. ch. xi., pub. 1 58 1). The last
clause of this reads almost as if Lambard were protest-
ing against a particular contemporary usage,
xxxii
INTRODUCTION
— Smith, then, in declaring Parliament to be the most
high and absolute power of the realm (in time of peace)
is by no means bringing up for consideration the
question of sovereignty in the modern sense, or making
statements which have any direct bearing on the great
controversy of the next century. Probably he has not
seriously thought of the King as being likely to come
into opposition with the Houses in time of peace, any
more than as likely to come into opposition with the
rest of the army in time of war. The King is most
powerful when he is at the head of his army or when he
is presiding over his parliament. The contrast upon
which Smith's attention is focussed is not the contrast
between the powers of the Prince and of the Parliament,
but between the powers of Parliament and of those other
courts which he describes in later chapters, and describes
without any feeling of essential difference between them
and this the highest court. He is still, in this respect,
under the influence of traditional theory1. We, split-
1 If we turn, for instance, to Coke's Fourth Part of the Institutes of
the Laws of England — "concerning the jurisdiction of courts" — we find
in the preface the following. u Curia hath two severall significations, and
accordingly it is severally derived. It signifieth the king's court, where his
royall person, and his honourable household doe reside It also sig-
nifieth a tribunall. or court of justice, as here it doth, and then it is
derived a cura, quia est locus, ubi publicas euros gerebant " "Now
when I considered how much it would tend to the honour of the king's
majesty, and of his laws, to the advancement of justice, the quiet of the
subject, and generally to the good of the whole common wealth (no king
in the Christian world having such tribunals, and seats of justice, as his
majesty hath, which, God willing, in this treatise we shall make to appear)
that all the high, honourable, venerable and necessary' tribunals, and courts
of justice within his majesties realms and dominions, as well civill as
ecclesiasticall, might be drawn together, as it were, in one map, or table
(which hitherto was never yet done) that the admirable benefit, beauty,
and delectable variety thereof might be, as it were, uno intuitu beholden,
and that the manifold jurisdictions of the same might be distinctly under-
stood and observed Out of the duty that I owe his most excellent
Majesty, and my zeal, and affection to the whole common wealth, I have
adventured to break the ice herein, and to publish more at large those
xxxiii
DE REPUBLICA ANGLORUM
ting across our institutions with the sharp hatchet of a
theory, which declares one body to be properly legis-
lative, and another properly judicial, find afterwards
(with some feeling of awkwardness in our theorising,
and some expressions of regret, perhaps, at the imper-
fection of the constitution) that we have still to deal
with legislature-made judicial sentences (such as bills
of pains and penalties) and with judge-made law.
Smith, not having so broken up his subject-matter, is
not under any obligation to spend pains on re-uniting
the broken pieces. And similarly he has no temptation
to treat of artificial distinctions between what is small and
local, on the one hand, and what is large and general,
on the other. His book has therefore, in these respects,
a unity which a modern treatise, dealing with a more
evolved legislature and executive, and a more fully
differentiated system of central and local administration,
would be likely to lack.
But though on certain points we must note that
our author's ways of thinking are somewhat medieval,
it is no less a matter of justice to point out how un-
expectedly modern he can be1. Political theory was
things which in our reading we had observed concerning jurisdiction of
courts And thus for all our pains, wishing the benevolent reader all
the profit, we (favente Deo, et auspice Christo) begin with the high and
most honourable court of Parliament." Then follows the first and longest
chapter of the book. In one section of it we are reminded "that the
lords in their house have power of judicature, and the commons in their
house have power of judicature, and both houses together have power of
judicature"; another section tells us, of the power and jurisdiction of the
parliament, that "it is so transcendent and absolute, as it cannot be
confined either for causes or persons within any bounds"; yet throughout,
the parliament is treated as a court among other courts, and we find such
sectional headings as "Acts of Parliament enrolled in other courts."
1 In the latter part of this introduction I am very largely indebted to
certain written notes of Professor Maitland's, of which I have been
permitted to make free use. Some of the succeeding paragraphs are
almost direct transcripts from those notes.
xxxiv
INTRODUCTION
very long in emancipating itself from the influence of
theology. Quotation and inference from Scripture are
among the strongest arguments which the medieval
political theorist can bring to bear in support of his
views. But in Smith there is no suggestion of this.
There is nothing of the law of God or the law of
Nature ; no word of the divine right of kings ; and
if there is a phrase which points in the direction of
the contractual theory of government that phrase is
not to be pressed. If scriptural instances are mentioned,
it is as illustrative matter only, and in order to keep
before us the comparative nature of our study. A
fanciful sketch is given of the growth of the state, but
it is given in an undogmatic way, and the author does
not use it to prove that one form of government is
always and everywhere the best. Constitutions may_
be likened to shoes,_and each nation_jT>ust get what
fits jt_best. ^Toreover, we rarely, if ever, find a really
pure specimen of any of the six forms. What we see
is some mixture, and we name the specimen after the
element that prevails in it. Such terms as " monar-
chical" must be applied to polities as we apply to men
such terms as "choleric," "sanguine," "melancholy." If
we call a man "phlegmatic" we do not mean that he
has no blood and no bile. There is a curiously modern
strain in all this : a certain naturalism or positivism we
might call it, which distinguishes Sir Thomas from the
dealers in divine right and social contracts : a certain
contentment in relativity and a distrust of the absolute.
In some important respects he is more modern than
Hobbes or Locke. Civilian though he is, he is remark-
ably unjuristic in his method.
To come to more detailed matter, we find, in his
treatment of Parliament, that Smith is leaving behind
XXXV
DE REPUBLICA ANGLORUM
the notion of an assembly of estates. In the Parlia-
ment the bishops are there "for the clergy"; but
there are only two houses, and Smith, himself in orders,
sat in the nether house. Of the convocations and their
grants of taxes, as has been already pointed out, he has
said nothing ; and in his Erastian way he held that the
ecclesiastical tribunals had become the Queen's courts
(III. 9). Altogether, as practical factors we have already
rather two houses than three estates. Then inherited
theory demands that somehow or other every English-
man shall be "intended" — that is, understood — to be
present in parliament, by himself or his representative.
How the theory can be fitted to the facts Smith does
not explain ; but we observe that he does not have
recourse to a representation of communities. The
communities of the land — the counties and towns as
organized bodies — hardly appear on the surface of his
book. Here again he is advancing. But there is a
certain lack of clearness in his view. For the Harrison
chapters have given us an unrepresented, because vote-
less, class; whereas in Bk. II. c. 1, we find that every
one is represented. "For everie Englishman is en-
tended to bee there present, either in person or by
procuration and attornies, of what preheminence, state,
dignitie, or qualitie soever he be, from the Prince (be
he King or Queene) to the lowest person of Englande.
And the consent of the Parliament is taken to be everie
mans consent."
There is a similar contentment with a bare statement
of more or less disjointed facts when he comes to place
before us the various powers of Prince and Parliament.
Their respective functions are given in catalogue form,
rather than combined under general heads. The settle-
ment of weights and measures, for instance, belongs
xxxv i
INTRODUCTION
to Parliament, but the Prince himself controls the
coinage. Smith gives us few negative propositions :
he speaks of what can be done, not of what cannot.
Usage, it seems, has at certain points defined a bound-
ary. At certain points — but what of others ? We get
no general theory — as for instance that the action of
the Prince should be confined within a sphere that may
be labelled as "executive" — and so are not enabled to
solve such questions in advance. Still we may perhaps
legitimately infer (from I. 7 and II. 1) that the power
of the English King does not extend to the laying on
of "impositions." And though Smith has written that
"the prince is the life, the head, and the authoritie of
all thinges that be doone in the realme of England"
(II. 3), we feel that had he foreseen the coming political
storm his sympathies would have been less with the
Stuarts than with their opponents. He ungrudgingly
makes much of the "honor and reverence" that is done
to an English queen ; as in his patriotic way he tends
to praise everything in the English institutions that can
be praised, and to find excuses valiantly for all that is
open to criticism. But when he wishes to compare the
powers of Elizabeth with those of foreign rulers it is
to the doge of Venice and the Lacedaemonian kings
(II. 3) rather than to the French monarch or the Italian
princes (I. 7) that he turns for a parallel. Also it is
a little strange to find a faithful servant of Elizabeth
suggesting that in the case of "an absolute queen" (or
queen regnant, as we should say) the shortcomings in-
separable from her sex, "not accustomed (otherwise)
to intermeddle with publicke affaires," would be made
up for by the "counsell of such grave and dis-
creete men as be able to supplie all other defectes"
(I. 16). Probably he did not expect his august
.
DE REPUBLICA ANGLORUM
mistress to trouble herself with the reading of his little
essay.
Of any power of suspending laws, or of issuing
ordinances, except in the matter of the currency, we
read nothing. Nor do we find any claim that ecclesi-
astical affairs stand outside the cognizance of Parliament.
Moreover it is not suggested that the Prince interferes
in parliamentary elections or in the choice of the Speaker
— the statement to that effect belongs only to the later
amplified editions — or that he controls by command
or "influence" the proceedings of either house. Sir
Thomas has seen members sent to the Tower for
speaking " unreverently or seditiouslie against the Prince
or the privie counsell" (II. 2): but this was done by
the house itself.
Yet Smith, though by no means a partizan in his
statements as to the relative powers of Prince and
Parliament — indeed he hardly seems aware of the possi-
bility of conflict — is very far indeed from being un-
biassed when he appears as a patriotic apologist for
English ways and English institutions in general.
There is of course no objectionable swaggering. He
would fain let the facts, if possible, speak for them-
selves. But the general effect thus produced is one
that was bound to be pleasing to English readers. A
learned man, learned with all the new learning, well
"seen in the tongues," examines our case. He is not
one of our common lawyers ; he is a civilian and has
viewed the great world. Yet hear, for example, what
he has to say of our system of " pleading to issue,"
which we might have expected him to regard as a
barbarian labyrinth. "Having," he says, "seene both
in France and other places manie devises, edictes and
ordinances howe to abridge proces and to finde howe
xxxviii
INTRODUCTION
that long suites in law might be made shorter : I have
not perceived nor reade as yet so wise, so just, and so
well devised a meane found out as this by any man
among us in Europe."
Unfortunately Smith's patriotic bias is not confined
to the mere expression of eulogiums such as this.
There are two other passages which deserve more
serious notice. Smith himself had before the end
of his life allowed himself on one occasion to be
over-ruled in the matter of ordering the application
of torture1. Yet he speaks as though torture were
absolutely unknown in England and abhorred by
Englishmen. And, further, in saying that bondmen
had become so few "that it is not almost worth the
speaking," he is saying, as a Russian scholar'2 has
lately shewn us, what was likely to deceive English
historians.
We have apologies also, for such the apologist must
have felt them to be, for some of our English archaisms,
for profitable and vendible wardships and marriages,
for a law of marital property exceedingly unfavourable
to the wife, for the power of the ordinary over the
succession to an intestate's goods, for the injustice of
benefit of clergy, and even for trial by battle. We are
1 See Ellis's Original Letters, vol. II. p. 261. " I suppose we have
gotten so much as at this time is like to be had; yet tomorrow do we
intend to bring a couple of them to the Rack, not in any hope to get any
thing worthy that pain or fear, but because it is so earnestly commanded
to us. As for Barker, I thynk he hath and will confess so much as his wit
will serve him ; and yet, as it appeareth, hath been the most doer betwixt
the Duke and other foreign practisers. Banister is somewhat obstinate,
but little he knoweth. We send you his, Barker's, Higford'sand Charles's
examinations more than you have had already. I pray you trust that
tomorrow we will do what we can do." (Letter from Smith to Burghley,
17th Sept. 1571.)
2 M. Savine. in the Transactions qftbe Royal Historical Society for 1903,
,: Bondmen under the Tudors."
c xxxix
DE REPUBLICA ANGLORUM
such a military folk, we English — this is the current
and flattering excuse. In 1565 we English had lately
lost Calais, failed to storm Leith, evacuated Havre,
shivered in our shoes lest Spain and France should
partition Great Britain ; and "pugnacious" would seem
a better word than "military."
But though we may note this tendency, this very
natural tendency (especially in a home-sick ambassador
ever eager for his recall), to make the best of every-
thing English, we have no warrant for accusing Smith
of being so far lacking in good faith as to be secretly
pamphleteering in any particular cause. A political
pamphlet would hardly have been kept back so long
unpublished. Certainly he is not pamphleteering in
the interest of monarchy ; and if for a moment it
occurs to us that the Queen's secretary is concerned,
incidentally to represent her rule as less despotic than
it really is, and to emphasize the fact that the bad days,
when military law could be applied in time of peace
or juries fined for verdicts unsatisfactory to the Crown,
are clean gone by, we shall at once observe that on the
other hand he is writing sentences which, if accepted,
may be awkward impediments in the way of any further
growth of the prerogative. That he is secretly pam-
phleteering against the Queen's conduct of affairs and
intends his readers to perceive a contrast between theory
and fact would be a wild supposition. No, almost
certainly, this is how Smith sees, or would fain per-
suade himself that he sees, the English constitution of
1565. And, in spite of patriotic bias, his book suggests
the scientific observer to a greater extent than the
works of either of his French contemporaries Bodin
or Hotman, who, in spite of the philosophical or
quasi-historical forms into which they have cast their
xl
INTRODUCTION
treatises, are to no slight degree advocates of living
political causes.
It has been suggested that while in France Sir Thomas
may have met and been influenced by the famous Jean
Bodin. The meeting between them is not impossible.
It is to be remembered, however, that Smith was by some
seventeen years the older man, that Bodin's Metbodus
ad facilem Historiarum Cognitionem was not published
until 1566, the year after Smith had written his
Commonwealth^ and that the celebrated treatise De
la republique did not appear in its French form until
1576 or in its Latin form until 1586. It is also to be
observed that the Englishman seems quite unconscious
that the traditional lore of the various forms of govern-
ment has been challenged at a most important point.
If there is any proposition that Bodin is anxious to
establish as well in his early Metbodus as in his
mature De Republican surely it is that there are
three polities and three only — monarchy, aristocracy and
democracy — and that "mixed forms" are but idle
conceits. Bodin, so it seems to us, would have re-
garded Smith as a feeble thinker, and Smith if he had
been impressed by Bodin's opinions would have felt
bound to argue for the possibility of "mixed forms"
rather than quietly to state that all or nearly all the
polities that appear in real life are more or less mixed.
On the other hand, Bodin makes no mention of Smith
in the somewhat lengthy passage in which he proves
that the English constitution is simply monarchical and
refuses to our parliaments any share of sovereignty.
Incidentally he tells how he has obtained certain in-
formation about England from English ambassadors
in France ; but the ambassadors whom he names are
Valentine Dale and Thomas Randolph, who were sent
c 2 xli
DE REPUBLICA ANGLORUM
to France after Smith's return1. Bodin himself came
to England with the Duke of Anjou in 1579, had
converse with Dr Dale2 and, discovering that a lecturer
at Cambridge was already struggling with the French
text of his book, determined to translate it into Latin3.
The publisher of the Latin version, issued at Paris in
1586, boasts on the title-page of privileges granted by
the Emperor, the King of France, and the Queen of
England. An English translation was published by
Richard Knolles in 1606, and there can be no doubt
that this celebrated treatise affected the current of
political thought in England ; but it did so by attack-
ing Smith's vague views on the doctrine of sovereignty.
Intercourse between Smith and Hotman seems as likely
as intercourse between Smith and Bodin, and the English-
man would, so it seems to us, have found more to
approve in the Franco-Gallia than in the Six livres de la
republique. Some men, Sir Thomas says, "blame Lewes
the XI. for bringing the administration royall of Fraunce
from the lawful and regulate raigne to the absolute and
tyrannicall power and governement " (I. 7). The refer-
ence may very probably be to Hotman. For Hotman
definitely dates the era of degeneracy in the French
judicial system from the time of Louis XI. ; and to
hold converse with men who maintained opinions of
this sort was one of the duties of an English ambas-
sador who went to France in 1562 when the English
Queen was giving armed aid to the Huguenots. More-
1 Les six livres de la republique, Lyon, 1593, vol. I. p. 139: "comme
i'ay sceu de M. Dail, Ambassadeur d'Angleterre, homme d'honneur et de
scavoir." Ibid. vol. 11. p. 742: "comme i'ay sgeu par l'Ambassadeur
Randon Anglois." These last words seem not to be represented in the
Latin text.
2 De republica libri sex, Paris, 1586, p. 507: " Dalus magister libell-
orum."
3 See the prefatory epistle.
xlii
INTRODUCTION
over there are few points on which Hotman is more
emphatic than in his assertions that the "reign of
litigiousness" in France is due to the influence of
Justinian ; and this we have noted is one of the con-
trasts in which Smith glories — praising the English
system for its satisfactory brevity and the little oppor-
tunity that it affords to "idle whot heades, busie bodies,
and troublesome men in the common wealth." Hotman
also, like Smith, recognizes and approves mixed forms
of government. "For the form of this government"
(Hotman writes regarding early France) "was the very
same which the ancient philosophers, and among them
Plato and Aristotle (whom Polybius imitates), judged
to be the best and most excellent in the world, as
being made up and constituted of a mixture and just
temperament of the three kinds of government, viz.
the Regal, Noble and Popular" (Eng. trans. 17 11,
P. 65).
It has also been surmised that Smith may have
intended his book chiefly for foreign scholars and
statesmen — men with whom he had conversed in France
and their like. But in that case we should have
expected him to write in Latin. This he could have
done with ease ; while he cannot have thought that
many Frenchmen were going to read English. Then
and later Frenchmen generally believed that even in
England the English language was but the tongue
of the vulgar herd. Nor can we say that if Smith
wrote tor his fellow-countrymen he was not meeting
a potential demand. When once his book was
published, new editions were soon called for. At
this we have no need to be surprised. If the book
told the Englishman some things about England that
he knew, and perhaps knew better than its author did,
xliii
DE REPUBLICA ANGLORUM
it also told him many things that he did not know but
might like to know. Even in such matters as parlia-
mentary procedure, the three readings of the bill and
so forth, we might easily overrate the extent to which
what Smith tells us was matter of common knowledge
among the English gentry of the time.
Turning now from discussion of the subject-matter
and the purpose of the book we find there are certain
textual points which require a little attention.
The text we give is the earliest, — that of 1583,
which is practically, though not absolutely, identical
with that of 1584. The spelling varies erratically,
and in a few places there is a difference of a word or
two in the reading. But we have also two manuscripts,
one in the library of Trinity College, Cambridge1, and
the other in the British Museum2. These differ con-
siderably in places from the printed edition, and are
closer akin to one another than the printed edition is
to either. The number of petty changes of detail — that
for which, and for or, a for the, etc. — is enormous, and
the reproduction of these was thought to be likely to
serve no good purpose, but rather to obscure the main
issue. The variations however have all been carefully
collated, and those which seem to possess any signifi-
cance are printed in an appendix to the present
edition. It will be seen that the MSS. occasionally
give more satisfactory readings than the printed edition,
as, for instance, when they substitute (in the last sen-
tence of I. 12) "He againe used no rigour" for "He
againe used noriture," or (in I. 18) give us "some are
called lands knights as souldiers of their land not
hyred" where the printed edition has "lanceknights"
and "band." Such changes may of course be mere
1 No. 1504. 2 Harleian 1130.
xliv
INTRODUCTION
conjectural emendations of the copyist ; but they may
also point to the MSS. being descended in a direct line
from the author's MS.1
The first editions of the De Republica appeared in
1583 and 1584. In these as well as in the later editions
we find certain marginal notes. Occasionally we see out
in the margin some term which is being explained in the
text, for example, " Monarchia," "Rex," "Tyrannus,"
"Dictatorship," "Just." This happens chiefly in the
first few pages and is not done systematically ; but the
same words for the most part are found in the two
MSS. of the work which have been collated for the
present edition. Their appearance seems to tell us
that some one, possibly the author, had set a few catch-
words in the manuscript that the printer had used.
But there are marginal notes of a more interesting
kind, and the question arises whether they can possibly
be Smith's. A few of them might be called explan-
atory, but most are corrective2, and the corrections are
hardly of a kind that an author makes in the margin of
his book. Thus, for example, speaking of the trial of
a lord by his peers, Smith says, "and for Judge one
Lord sitteth who is Constable of England for that day."
In the margin we see "Or rather high steward of
England." Here if Smith had discovered his own
mistake and desired to correct it, he might easily
have done this by substituting "high steward" for
"constable" in his text. A yet plainer indication is
1 The reader should note the remarks in the 1583 preface about the
••often transcripting " of the book and the probable faults committed by
clerks and writers.
2 It is perhaps intended to account for their appearance in the
Preface, where the Editor (or Publisher) mentions that "some termes or
other matters may seme to dissent from the usual phrase of the common
lawes of this realme " and finds excuses for the inaccuracies.
xlv
DE REPUBLICA ANGLORUM
given to us by another note. Sir Thomas believed
that our English word fee and the medieval feodum or
feudum were etymologically connected with the Latin
fides. "This," he says, "is a more likely interpretation
than that which Litleton doth put in his book, who
saith that feodum idem est quod htereditas, which it doth
betoken in no language. This happeneth many times
to them who be of great wit and learning, yet not
seen in many tongues, or marketh not the deduction
of words which time doth alter." Over against this a
note is printed, "Litleton did not interpret the word
feodum simply, but rather define or describe the nature
thereof. Litleton seen in the tongues as Sir Thomas
Smith was in Litleton." This is censure and there is
some asperity. The annotator has been ruffled by
Smith's tone of superiority. Litleton, he says in effect,
was not dabbling in etymology, and belike he was
as much a master of the tongues as you are of his
book. It is censure, and we must add that it is
deserved censure. Litleton had said nothing that was
untrue, while Smith plunges on into error misled by the
fact that in his own day the word, feoffees had begun to
suggest trusteeship. He had touched a tender point,
and some zealous worshipper of the sacred text of
Litleton's Tenures has turned and rent him.
Whoever the annotator was, he can hardly have
been a mere literary hack in the pay of the publisher.
No publisher would wish even to this moderate extent
to cast disparagement on the work of an author whom
he was bringing out for the first time. But yet if the
annotator was at all a well-known or conspicuous person,
it is a little strange that the fact should not be notified
on the title-page.
Further we observe that the annotations in the 1583
xlvi
INTRODUCTION
and 1584 editions are not quite identical. The second
edition omits two of the notes given in the earlier: —
one at the beginning of II. 16 which reads, "Hundreds
were named of townes, nils, or other markes"; and
one towards the end of III. 6, with regard to the
property which may pass to a woman at her husband's
death, "She shalbe endowed at the discretion of the
sherife, except in few cases." But the later edition
besides other minor alterations inserts four considerable
notes — those on the etymology of "yeomen," of "con-
stable," and of "wapentake," and a note in III. 8, "The
sonnes of freemen of London are also free by birth,
according to the custome." Two only of the earlier
notes are etymological, those on "lanceknights" (Brit.
Mus. MS. "lands knights") and on "Sir"; both of
which are in I. 18, — "Vere lantzknechti, lancearius : a
speareman"; and "Sire quasi Senior." There seems
a possibility that we have two annotators, the later of
whom has a stronger etymological bent than the earlier.
We give the marginal notes of the 1583 edition in
full; excepting the cases where they are mere indi-
cations of the contents of the text — e.g. "Domus seu
familia" (I. 11); "Eques auratus. The making of a
knight" (I. 18).
Text Note
...the father and mother sendeth Provining or propagation is when
them out in couples as it were by a man layeth a branch of a Vine or
provining or propagation. (I. 12.) Osier, or any other tree into the
ground, so that it taketh roote of it
selfe and may live though it be cut
then from the first roote or stock.
For the eldest of dukes sonnes Eldest sonnes of dukes are not
during his fathers life is called an earles by birth, but lordes. and
earle,... (I. 17.) take their place above earles and so
are eldest sons in respect of barons.
xlvii
DE REPUBLICA ANGLORUM
Text Note
Centuriatis comitiis or tributis. Alias tribunitiis.
(II. I.)
But in those pleas and pursuites
of the crowne procurer or advocate
he [the prisoner] gets none. (II. 9.)
For that which in the civill la we
is called actio or formula, we call
writ in English: so the Greekes
called it word for word ypa(f>rj, and
in our barbarous latine we name it
breve. (II. 9.)
If in the la we the case seeme to
the Judges that sitte doubtfull, it is
called a checker chamber case, and
all the Judges will meete together,
and what they shall pronounce to
be the lawe, that is helde for right. . . .
(II. 13.)
If the Sergeants or counsellers
doe stand upon anie point in the
law which is not so doubtfull, the
Judges who be taken for most ex-
pert biddes him goe forwarde : and
if he hath no other to say but
standeth upon that point of lawe,
that bidding goe forward is taken
that he looseth his action.... (II.
13.)
...eche partie must agree to the
other stil in the fact which he can-
not denie.... (II. 13.)
The adverse partie or his advo-
cates which wee call counsellers
and sergeants interrogateth some-
time the witnesses, and driveth them
out of countenance. (II. 15.)
1 The ouster of this phrase is very low Anglo-French. It should be
outre (Lat. ultra). The old phrase was Responez outre (Engl. Answer
over = Find some further and better answer). The change of -r<? into -er
is common, and a parasitic s need not surprise us. The other ouster
(Fr. oter) may have influenced the process. (F. W. M.)
xlviii
Saving in appels and upon a
special plea.
Actio is the parties whole suite.
Breve is the kings precept.
But sometimes it is determined
by the same court onely.
This shoulde be ment of a re-
spondes [corr. respondeas] ouster1,
when the opinion is against him
that taketh an exception that is not
peremptorie.
He may denie it by protestation.
That is not order but abuse.
INTRODUCTION
Text
The partie with whom they have
given their sentence, giveth the en-
quest their dinner.... (II. 15.)
But sometime nowe in places
whereof the hundred hath the name,
no mention nor memorie of a towne
remaineth. (II. 16.)
...his undersherife...must prepare
against that time tower enquestes of
xxiiii Yeomen a peece of diverse
hundredes in the shire, and besides
one which is called the great en-
quest out of the bodie of the shire
mingled with all. (II. 19.)
So he is called three times in
diverse countie daies to render him-
selfe to the lawe. The fourth is
called the exigent, by which he is
outlawed not rendring himselfe, as
ye would say: ex actus or actus in
exilium. (II. 19.)
These meetinges. . .be called quar-
ter sessions or sessions of enquirie,
because that nothing is there deter-
mined touching the malefactors, but
onely thecustodieofthem. (II. 19.)
But for so much as everie little
village hath commonly two Con-
stables, and many times artificers,
labourers and men of small abilitie
be chosen. (II. 22.)
He that claimeth his Clergie, is
burned foorthwith in the presence
of the Judges in the brawne of
his hande...and is delivered to the
Bishops officer to be kept in the
Bishops prison, from whence after
a certaine time by an other enquest
of Clarkes he is delivered and let at
large. (II. 23.)
Note
Courtesie and not dutie.
Hundreds were named of townes,
hils, or other markes.
This is not alwaies and in al
places observed, but onely concern-
ing the graund enquest.
The use of capias and exigent
upon inditementes is otherwise.
They are put to fines.
One or two Constables,
boroughes or tithingmen.
hed-
The deliverie to the Bishops
prison, and the purgation is taken
away by statute1.
■ See Stat. 18 Eliz. c. 7 (1576). (F. W. M.)
xlix
DE REPUBLICA ANGLORUM
Text
...and if he knowe any private
man who purchased his incitement,
and is able to pursue it, he may
have an action of conspiracie against
him, and a large amendes. (II. 23.)
Note
They must be two at the least
that conspired.
Impoisoners, if the person die
thereof, by a newe lawe made in
King Henrie the eights time shalbe
boyled to death. (II. 24.)
And for Judge one Lord sitteth,
who is Constable of England for
that day. (II. 25.)
There must in the attaint no
more evidence be brought in, but
only that which was brought in
and alledged before the first enquest.
(III. 2.)
The Prince had before the waste
of all their lands and possessions
with other punishments, which at
this present by a lawe made by par-
liament in the time of King Henrie
the eight is abolished. (III. 2.)
...or to demaunde the triall by
battle, wherein both the parties
must either themselves in person,
or else finde other for them, who
be called in our Law Champions
or Campions. (III. 3.)
...the partie grieved hath these
two remedies, I say to require
justice by grand assise, or battle
upon his appeale. (III. 3.)
. . .if the riot be found and certified
to the Kings Counsell, or if other-
wise it be complained of, the partie
is sent for, and he must appeare in
this starre chamber. (III. 4.)
1
Quere.
Or rather high stewarde of
Englande.
No more evidence on the behalfe
of the plaintife, but of the defendant
there may.
The statute of 23. Henrie 8. doth
not abolish common lawe, but giveth
a more profitable for the plaintife.
In appeale the battle is tryed by
the parties onely, and in writs of
right by champions.
The battle or Jurie is at the
election of the defendant.
Sent for by Subpoena.
INTRODUCTION
Text
All this while I speake of that
which is called in French garde
noble. (III. 5.)
So he, who had a father, which
kept a good house, and had all
things in order to maintaine it,
shall come to his owne, after he is
out of wardshippe, woods decayed,
houses fallen downe, stocke wasted
and gone, land let foorth and
plowed to the baren, and to make
amends, shall pay yet one yeres rent
for reliefe.... (III. 5.)
...if he die and she take a hus-
bande of a meaner estate by whom
she shall not be called Ladie (such
is the honour we doe give to
women) she shall still be called
Ladie with the surname of her first
husbande and not of the seconde.
(III. 6.)
...if the wife be enheretrix and
bring lande with her to the mariage,
that lande descendeth to her eldest
sonne, or is divided among her
daughters. Also the manner is,
that the lande which the wife
bringeth to the mariage or pur-
chaseth afterwardes, the husbande
can not sell nor alienate the same....
(III. 6.)
Likewise if the husbande... die
before the wife... she shall holde
the one thirde part of his landes
during her life as her dowrie,
whether he had childe by her or
no. (III. 6.)
This is a more likely interpreta-
tion than that which Litleton doeth
put in his booke.... (III. 8.)
Note
Gardian in chevalrie, and gardian
in Socage.
But the Lorde shalbe punished
for the wast, by losse of the ward :
or treble damages, if that suffice
not.
She is no Ladie by the law al-
though so called of courtisie.
It is avoidable after the hus-
bandes death, except it be for xxi
yeares or three lives according to
the statute, or except they levie a
fine.
She shalbe endowed at the dis-
cretion of the sherife, except in few
cases.
Litleton did not interpret the
word feodum simply, but rather
define or describe the nature there-
of. Litleton seene in the tongues as
Sir Thomas Smith was in Litleton.
I!
DE REPUBLICA ANGLORUM
Text Note
...whosoever sueth for any thing Which ought to be tried in the
to Rome or in any spirituall court temporall court,
for that cause or action which may
be pleaded in the temporall court of
the Realme, by an olde lawe of
Englande he falleth into a prae-
munire.... (III. 9.)
The book, it is clear, has come in 1583 into the hands
of someone who thinks, and, so it seems to us, rightly
thinks, that he can correct Smith's law. The annotator
of the 1584 edition it may be noted (whether he be the
same as the earlier annotator or not, is not clear) has
a leaning towards etymology, and it may be worth our
while to notice the places at which he expresses dissent.
There is the difficult yeoman. Smith observes that in
c'lowe dutch" yonker betokens "a meane gentleman or
a gay fellow," and he suggests that our yeomen serving
in the wars picked up this term and applied it in the
form of "yonker man" to each other "by mockage or
in sport." The annotator disagrees. He holds that
"yonker commeth of young herre which is a son and heire
to a gentleman, or a young gentleman" ; and he thinks
that our yeoman derives from yeman, which in the Saxon
is a married man. As to constable, Smith favours
kinnyngstable ', "as ye would say a man established by
the king." The annotator accepts kinnyngstable ', but
takes this to mean regia virgula, the rod or wand signi-
fying the king's power or authority, represented among
us by the constable's staff. Then as to scaccarium, Smith
does not seem to see that there is any etymological
connection with exchequer and tells us that, according to
some, it should be statarium, because in the exchequer
was the stable place to account for the revenues of
the crown. On the other hand, the annotator says
lii
INTRODUCTION
that "scats in ancient Saxon is that which we by a
borowed terme call tresure, whereof is derived Scac-
carium signifying a court dealing with the kinges trea-
sure or revenues, and also escaetor^ that is an officer
which imploieth the kinges profit." These notes seem
to proceed from a man who himself is "seen in the
tongues," and whence he got his scats, if by "ancient
Saxon" he meant a language once spoken in England,
might, we take it, be a curious inquiry1. 3 ^cx^
So much for our earliest editions of the text. The
consideration of the later, together with certain "ad-
ditional matter" which is incorporated in them, is
reserved for an appendix. A second appendix presents
the passages in Harrison of which Smith seems to have
availed himself in his revision of his first manuscript ;
and the more important variant readings of the text
which are furnished by the MSS. at Trinity College,
Cambridge, and at the British Museum are given in a
third.
1 For sceatt see Chadwick, Anglo-Saxon Institutions, p. 7.
DE
REPUBLICA
ANGLORUM.
The maner of Governement or
policie of the Realme of Eng-
land, compiled by the Honora-
ble Sir Thomas Smyth Knight,
Doctor of both the lawes, and
one of the principal Secre-
taries unto the two most wor-
thy Princes, King Edward
the sixt, and Queene
Elizabeth.
Seene and allowed,
AT LONDON,
Printed by Henrie Midleton
for Gregorie Seton,
Anno Domini
1583.
To the Reader
TO conceale the graces inspired by God, or the
giftes ingraffed by nature, or the vertues at-
chived unto ourselves by Industrie, in all ages and of
all wise men was accounted unduetifulnesse, unkind-
nesse & impietie unto that commonwealth, in the
which, and unto the which we are both bred and borne :
but to suppresse the worthie works of any author, may
justly be judged not only injurie to the person, but
even envie at the whole world. Wherefore chauncing
upon this short discourse compiled by the honorable
knight sir Thomas Smyth, and considering that the
same could not but be a great light unto the ignorant,
& no lesse delight unto the learned in the lawes and
policie of sundrie regiments : I thought it part of my
dutie, aswel for reviving of the fame of so notable
a man, as for the publike imparting of so pythie a
treatise, to present the same unto thy indifferent and
discreete judgement. Wherein although the errors &
rashnes of Scribes, appearing in the contrarietie & cor-
ruption of coppies, happening both by the length of
time sithens the first making, as also by the often
transcripting might justly have been mine excuse or
rather discourage : yet weying the authoritie of the
A 2 X
TO THE READER
author togither with the gravitie of the matter, I made
no doubt but that the reverence due unto the one, &
the recompence deserved by the other would easily
countervail all faults committed by a clarke & writer.
And whereas some termes or other matters may seme
to dissent from the usual phrase of the common lawes
of this realme : notwithstanding to him that will con-
sider that the profession of the maker was principally
in the civil lawes, and therefore not to be expected as
one excellent in both, & also that the finishing of this
worke was in Fraunce farre from his librarie, and in an
ambassad even in the midst of waightie affaires, it cannot
nor ought not without great ingratitude be displesant
or in any sort disliking. Wherefore (gentle Reader)
accept in good part my zeale and this honorable mans
travaile : assuring thy self that the same framed by an
expert workemaister, and forged of pure and excellent
mettall, will not faile in prooving to be a right com-
modious instrument. Vale.
A NECESSARIE
Table of all the principall
matters contained in
this Booke.
OF the diversities of common wealthes or govemements. Chapter i.
Pagina 9.
What is just or Lawe in everie common wealth or governement. cap. 2.
pag. 10.
An other division of common wealthes. chap. 3. pag. 11.
Example of chaunges in the manner of governement chap. 4. pag. 13.
Of the question what is right and just in everie common wealth, chap. 5.
pag. 13.
That common wealths or govemements are not (most commonly) simple
but mixt. chap. 6. pag. 14.
The definition of a King and of a Tyrant chap. 7.^ pag. 14.
Of the absolute king. chap. 8. / ' pag. 16.
Of the name king and the administration of England, chap. 9. pag. 18.
What is a common wealth, and the partes thereof, chap. 10. pag. 20.
The first sort or beginning of an house or familie called olnovofxia.
chap. 11. pag. 22.
The first & natural beginning of a kingdome, in Greeke /3a<riAfia.
chap. 12. pag. 23.
The first and naturall beginning of the rule of a fewe of the best men
called in Greeke. \\pio~roK.paria. ca. 13. pa. 25.
The first originall or beginning of the rule of the multitude called HoXireia
or Ar)noKparla. chap. 14. pag. 26.
That the common wealth or policie must be according to the nature
of the people, chap. 15. pag. 28.
The division of partes and persons of the common wealths, chap. 16.
pag. 29.
The first part of Gentlemen of England called Nobilitas major, chap. 17.
pag. 31.
Of the second sort of Gentlemen of England called Nobilitas minor, and
first of knights, chap. 18. pag. 32.
5
THE TABLE
Of Esquiers. chap. 19. pag. 37.
Of Gentlemen, chap. 20. pag. 38.
Whether the maner of Englande in making Gentlemen so easilie is to be
allowed, chap. 21. pag. 40.
Of Citizens and Burgesses, chap. 22. pag. 41.
Of Yeomen, chap. 23. pag. 42.
Of the fourth sort of men which do not rule. ca. 24. p. 46.
The second booke.
OF the Parliament and authoritie therof. ca. 1. pa. 48.
The forme of holding the parliament, ca. 2. pa. 49.
Of the Monarch, King or Queene of England, ca. 3. p. 58.
The chiefe points wherein one common wealth doeth differ from an other.
chap. 4. pag. 63.
Of the three maners and formes of trials or judgements in England.
chap. 5. pag. 64.
Triall or judgement by Parliament, chap. 6. pag. ead.
Triall of judgement by battle, chap. 7. pag. ead.
The triall by Assise or xij. men, & first of the three parts which be
necessarie in judgement, chap. 8. pag. 65.
Of Pleas or A6lions. chap. 9. pag. 66.
Of the chiefe Tribunals, Benches or Courtes of England, chap. 10.
pag. 68.
Of the times of pleading called Termes, and of the Chauncellor and
Chauncerie. chap. 11. pag. 69.
Of Judges in the common lawe of Englande, and the maner of triall and
pleading there, chap. 12. pag. 72.
Of the two maner of issues, chap. 13. pag. 73.
Of the Sheriffe of the shire and of the Court of the Escheker. chap. 14.
pag. 75-
Of the xij. men. chap. 15. pag. 78.
Of parts of Shires called hundreds, lathes, rapes, wapentakes, chap. 16.
pag. 81.
Of the Court Baron, chap. 17. pag. 82.
Of the Leete or Laweday. chap. 18. pag. 84.
6
THE TABLE
Of the proceedings in causes criminall, and first of the Justices of the
peace, chap. 19. pag. 85.
Of hue and crie and recognisaunce taking upon them that may give
evidence, chap. 20. pag. 90.
Of the Coroner, chap. 21. pag. 91.
Of the Constables, chap. 22. pag. 92.
Of the sessions of gaole deliverie, & the definitive proceedings in causes
criminall. chap. 23. pag. 94.
Certaine orders peculiar to England, touching punishment of malefaftors.
chap. 24. pag. 104.
Of treason and the triall which is used for the higher Nobilitie and Barons.
chap. 25. pag. 106.
The third bookg.
OF that which in other countries is called appellation or provocation,
to amend the judgement or sentence definitive, which is thought
unjustly given in causes criminall. chap. 1. pag. 108.
What remedie is if the sentence be thought unjustly given, chap. 2.
pag. no.
Of that which in Englande is called appeale, in other places accusation,
chap. 3. pag. 113.
Of the Court of Starre chamber, chap. 4. pag. 115.
Of the Courts of Wards and Liveries, chap. 5. pag. 119.
Of Wives and mariages. chap. 6. pag. 123.
Of Children, chap. 7. pag. 128.
Of Bondage and bondmen, chap. 8. pag. 130.
Of the court which is Spiritual or Ecclesiasticall. and (in the booke of
Lawe) Court Christian, or Curia Cbristianitatii . chap. 9. pag. 139.
Fixis.
T>6
REPUBLICA
ANGLORUM.
The maner of governement or
policie of the Realme of
Englande.
Of the diversities of common
wealthes or governement.
Chap. i.
THey that have written heretofore of Common
wealthes, have brought them into three most
simple and speciall kindes or fashions of governement.
The first where one alone doth governe, is called of
the Greekes Moi/ap^ta, the second, where the smaller
number, commonly called of them ' ApiaTOKparux^ and
the thirde where the multitude doth rule ArjfiofcpaTia.
To rule, is understoode to have the highest and su-
preme authoritie of commaundement. That part or
member of the common wealth is saide to rule which
doth controwle, correct, and direct all other members
of the common wealth. That part which doth rule,
define and commaund according to the forme of the
governement, is taken in everie common wealth to be
just and lawe : As a rule is alway to be understoode
9
DE REPUBLICA
to be straight, and to which all workes be to be con-
formed, and by it to be judged : I doe not meane the
Lesbians rule which is conformed to the stone : but
the right rule whereby the Artificer and the Architect
doe judge the straightnesse of everie mans worke, he to
be reckoned to make his worke perfectest, who goeth
neerest to the straightnesse.
What is just or Lawe in everie com-
mon wealth or governement.
Chap. 2.
NOwe it doth appeare, that it is profitable to everie
common wealth (as it is to every thing generally
and particularly) to be kept in her most perfect estate.
Then if that part which doth beare the rule, doe
commaund that which is profitable to it, and the
commaundement of that part which doeth rule on that
sort, is to be accepted in every common wealth re-
spectively to be just (as we have said before) : it must
needes follow, that the definition which Thrasimachus
did make, that to be just which is the profite of the
ruling and most strong part (if it be meant of the
Citie or common wealth) is not so farre out of the
way, (if it be civillie understoode) as Plato would
make it. But as there is profitable and likelyhoode of
profite, so there is right and likelyhoode of right. And
as well may the ruling and Soveraigne part com-
maund that which is not his profite, as the just man
may offend (notwithstanding his just and true meaning)
when he would amend that which is amisse, and helpe
the common wealth, and doe good unto it. For in
10
ANGLORUM LIB. i.
asmuch as he attempteth to doe contrarie to the Lawe
which is alreadie put, he therefore by the lawe is
justly to be condemned, because his doing is contrarie
to the lawe and the ordinance of that part which
doth commaunde.
An other division of common wealthes.
Chap. 3.
BUt this matter yet taketh an other doubt : for of
these maner of rulinges by one, by the fewer
part, and by the multitude or greater number, they
which have more methodically and more distinctly and
perfectly written upon them, doe make a subdivision :
and dividing eche into two, make the one good and
just, and the other evill and unjust : as, where one
ruleth, the one they call a king or Bao-tXei'?, the
other Tvpavvos, a tyrant : where the fewer number,
the one they name a governing of the best men dpc-
a-TOKpariaVj or Kemp, optimatum, the other of the
usurping of a few Gentlemen, or a few of the richer
and stronger sort 6\vyapxiav> or Paucorum potestatem :
and where the multitude doth governe, the one they
call a common wealth by the generall name voXcTeiaVy
or the rule of the people A^/xo/cpaTiav, the other the
rule or the usurping of the popular or rascall and viler
sort, because they be moe in number Arjfio/cpciTLav
cnravT&v.
II
DE REPUBLICA
Example of chaunges in the maner
of Governement.
Chap. 4.
IN common wealthes which have had long con-
tinuance, the diversities of times have made all
these maners of ruling or government to be seene : As
in Rome : kinges, Romulus, Numa, Servius : tyrantes,
Tarquinius, Sylla, Casar : the rule of best men, as in
time when the first Consuls were : and the usurping
of a few, as of the Senators after the death of Tarqui-
niusy and before the succession of the Tribunate, and
manifestly in the Decemvirate, but more perniciously
in the Triumvirate of Ccesar, Crassus, and Pompeius :
and afterwarde in the Triumvirate of Octavius, Anto-
nius, and Lepidus : The common wealth and rule of
the people, as in the expulsing of the decemviri and
long after, especially after the law was made, either
by Horatius, or (as some would have it) Hortentius,
quod plebs sciverit, id populum teneat : And the ruling
and usurping of the popular and rascall, as a litle before
Scylla his reigne, and a litle before Caius C&sars reigne.
For the usurping of the rascality can never long en-
dure, but necessarily breedeth, and quickly bringeth
forth a tyrant. Of this, hath Athens, Syracuse, Lace-
demon and other old auncient ruling Cities had ex-
perience, and a man neede not doubt but that other
common wealthes have followed the same rate. For
the nature of man is never to stand still in one maner
of estate, but to grow from the lesse to the more,
and decay from the more againe to the lesse, till it
come to the fatall end and destruction, with many
12
ANGLORUM LIB. i.
turnes and turmoyles of sicknesse and recovering, sel-
dome standing in a perfect health, neither of a mans
bodie it selfe, nor of the politique bodie which is com-
pact of the same.
Of the question what is right and just in
everie common wealth.
Chap. 5.
SO when the common wealth is evill governed by
an evill ruler and unjust (as in the three last
named which be rather a sickenesse of the politique bodie
than perfect and good estates) if the lawes be made,
as most like they be alwayes to maintaine that estate :
the question remaineth whether the obedience of them
be just, and the disobedience wrong : the profit and
conservation of that estate right and justice, or the
dissolution : and whether a good and upright man, and
lover of his countrie ought to maintaine and obey
them, or to seeke by all meanes to abolish them, which
great and hautie courages have often attempted : as
Dion to rise up against Dionysius, Thrasibulus against
the xxx. tyrantes, Brutus and Casstus against Ceesar,
which hath bin cause of many commotions in common
wealthes, whereof the judgement of the common
people is according to the event and successe : of them
which be learned, according to the purpose of the
doers, and the estate of the time then present. Cer-
taine it is that it is alwayes a doubtfull and hasardous
matter to meddle with the chaunging of the lawes
and governement, or to disobey the orders of the rule
or government, which a man doth finde alreadie
established.
*3
DE REPUBLICA
That common wealthes or governements
are not most commonly simple but mixt.
Chap. 6.
NOw although the governements of common
wealthes be thus divided into three, and cutting
ech into two, so into sixe : yet you must not take that
ye shall finde any common wealth or governement
simple, pure and absolute in his sort and kinde, but as
wise men have divided for understandinges sake and
fantasied iiij. simple bodies which they call elementes,
as fire, ayre, water, earth, and in a mans bodie foure
complexions or temperatures, as cholericke, sanguine,
phlegmatique, and melancolique : not that ye shall
finde the one utterly perfect without mixtion of the
other, for that nature almost will not suffer, but under-
standing doth discerne ech nature as in his sinceritie:
so seldome or never shall you finde common wealthes
or governement which is absolutely and sincerely made
of any of them above named, but alwayes mixed with
an other, and hath the name of that which is more
and overruleth the other alwayes or for the most part.
The definition of a king and of a tyrant.
Chap. 7.
WHere one person beareth the rule they define
that to be the estate of a king, who by suc-
cession or election commeth with the good will of the
people to that governement, and doth administer the
common wealth by the lawes of the same and by
equitie, and doth seeke the profit of the people as much
ANGLORUM LIB. i.
as his owne. A tyraunt they name him, who by force
commeth to the Monarchy against the will of the people,
breaketh lawes alreadie made at his pleasure, maketh
other without the advise and consent of the people,
and regardeth not the wealth of his communes but
the advancement of him selfe, his faction, and kindred.
These definitions do containe three differences: the
obtaining of the authoritie, the maner of administra-
tion thereof, and the butte or marke whereunto it
doth tend and shoote. So as one may be a tyrant by
his entrie and getting of the governement, and a king
in the administration thereof. As a man may thinke
of Octavius and peradventure of Sylla. For they both
comming by tyranny and violence to that state, did
seeme to travaile verie much for the better order of
the common wealth, howbeit either of them after
a diverse maner. An other may be a king by entrie,
and a tyrant by administration, as Nero, Domitian, and
Commodus: for the empire came to them by succession,
but their administration was utterly tyrannicall, of Nero
after five yeares, of Domitian and Commodus very shortly
upon their new honour. Some both in the comming
to their Empire, and in the butte which they shoote
at, be kings, but the maner of their ruling is tyran-
nicall: as many Emperous after Casar and Octavius,
and many Popes of Rome. The Emperours claime
this tyrannicall power by pretence of that Rogation
or plebiscitum, which Caius Casar or Octavius obtained,
by which all the people of Rome did conferre their
power and authority unto Caesar wholly.
The Pope groundeth his from Christ (cut omnis
potestas data est in coelo et in terra) whose successor he
pretendeth to be: yet the generall Councels make a
15
DE REPUBLICA
strife with him, to make the Popes power either
Aristocratian or at the least legitimum regnum, and would
faine bridle that absolutam potestatem. Some men doe
judge the same of the kinges of Fraunce, and certaine
Princes of Italie and other places, because they make
and abrogate lawes and edictes, lay on tributs and
impositions of their own will, or by the private
Counsell and advise of their friends and favorites
onely, without the consent of the people. The people
I call that which the word populus doth signifie, the
whole body and the three estates of the common
wealth: and they blame Lewes the xi. for bringing
the adminstration royall of Fraunce, from the lawful
and regulate raigne, to the absolute and tyrannicall
power and governement. He himselfe was wont to
glory and say, he had brought the crowne of Fraunce
bors de page, as one would say out of Wardship.
Of the absolute King.
Chap. 8.
OTher do call that kinde of administration which
the Greekes do call, irafifiaaiXeiav, not tyran-
ny, but the absolute power of a King, which they
would pretende that everie King hath, if he would use
the same. The other they call ftaaikelav vofu/crjv
or the Royall power regulate by lawes : of this I will
not dispute at this time. But as such absolute ad-
ministration in time of warre when all is in armes,
and when lawes hold their peace because they cannot
be heard, is most necessarie: so in time of peace, the
same is verie daungerous, aswell to him that doth use
16
ANGLORUM LIB. i.
it, and much more to the people upon whom it is
used : whereof the cause is the frailtie of mans nature,
which (as Plato saith) cannot abide or beare long that
absolute and uncontrowled authoritie, without swelling
into too much pride and insolencie. And therefore the
Romanes did wisely, who woulde not suffer any man
to keepe the Dictatorship above sixe monethes, because
the Dictators (for that time) had this absolute power,
which some Greekes named a lawfull tyrannie for a
time. As I remember, Aristotle, (who of all writers
hath most absolutely and methodically treated of the
division and natures of common wealthes) maketh this
sort of government to be one kind of kings. But all
commeth to one effect : for at the first, all kinges ruled
absolutely, as they who were either the heades and
most ancient of their families, derived out of their
own bodies, as Adam, Noa, Abraham, "Jacob, Esau,
reigning absolutely over their owne children and bond-
men as reason was : or else in the rude world amongest
barbarous and ignorant people, some one then whom
God had endewed with singular wisedome to invent
thinges necessary for the nourishing and defence of the
multitude, and to administer justice did so farre excell
other, that all the rest were but beastes in comparison
of him, and for that excellencie willingly had this
authoritie given him of the multitude, and of the
Gentils when he was dead and almost when he was
yet living, was taken for a God, of others for a Pro-
phet. Such among the Jewes were Moses, Josua, and
the other Judges, as Samuel, &c. Romulus and Numa
amongest the Romanes, Lycurgus and Solon and diverse
other among the Greekes, Zamolxis among the Thra-
cians, Mahomet among the Arabians: And this kinde
b 17
DE REPUBLICA
of rule among the Greekes is called rvpavvi<i, which
of it selfe at the first was not a name odious: But
because they who had such rule, at the first, did for
the most part abuse the same, waxed insolent and
proude, unjust and not regarding the common wealth,
committed such actes as were horrible and odious, as
killing men without cause, abusing their wives and
daughters, taking and spoyling all mens goods at their
pleasures, and were not shepheardes as they ought to
be, but rather robbers and devourers of the people,
wherof some were contemners of God, as Dionysius,
other while they lyved like divils, and would yet be
adored and accompted for Gods, as Caius Caligula and
Domitian : that kind of administration and maner also,
at the first not evill, hath taken the signification and
definition of the vice of the abusers, so that now both
in Greeke, Latine, and English a tyrant is counted he,
who is an evill king, and who hath no regard to the
wealth of his people, but seeketh onely to magnifie
himselfe and his, and to satisfie his vicious and cruell
appetite, without respect of God, of right or of the
law: because that for the most part they who have
Jiad that absolute power have beene such.
Of the name king and thadministra-
tion of Englande.
Chap. 9.
THat which we call in one syllable king in english,
the olde english men and the Saxons from
whom our tongue is derived to this day calleth in
two syllabes cyningy which whether it cometh of cen
or ken which betokeneth to know and understand, or
ANGLORUM LIB. i.
can, which betokeneth to be able or to have power,
I can not tell. The participle absolute of thone we
use yet, as when we say a cunning man, Fir prudens
aut sciens : the verbe of thother as I can do this, possum
hoc facere. By olde and auncient histories that I have
red, I do not understand that our nation hath used
any other generall authoritie in this realme neither
Aristocratically nor Democratically but onely the royall
and kingly majestie which at the first was divided into
many and sundrie kinges, each absolutely reigning in
his countrie, not imder the subjection of other, till by
fighting thone with thother, the overcommed alwayes
falling to the augmentation of the vanquisher and
overcommer, at the last the realme of England grew
into one Monarchic Neither any one of those
kinges, neither he who first had all, tooke any in-
vestiture at the hand of Themperour of Rome or of
any other superiour or forraine prince, but helde
of God to himselfe, and by his sword his people
and crowne, acknowledging no prince in earth his
superiour, and so it is kept and holden at this day.
Although king John (by the rebellion of the nobilitie
ayded with the daulphin of Fraunce his power) to
appease the Pope who at that time possessing the
consciences of his subjectes was then also his enemy
and his most greevous torment (as some histories do
write) did resigne the crowne to his legate Pandulphus,
and tooke it againe from him as from the Pope by
faith and homage, and a certain tribute yearly. But
that act being neither approoved by his people, nor
established by act of parliament, was forthwith and
ever sithens taken for nothing, either to binde the king,
his successors or subjectes.
B2 19
DE REPUBLICA
What is a common wealth, and the
partes thereof.
Chap. io.
TO be better understood hereafter, it is necessarie
yet to make a third division of the common
wealth by the partes thereof. A common wealth is
called a society or common doing of a multitude of
free men collected together and united by common
accord and covenauntes among themselves, for the
conservation of themselves aswell in peace as in warre.
For properly an host of men is not called a common
wealth but abusively, because they are collected but
for a time and for a fact: which done, ech divideth
himselfe from others as they were before. And if one
man had as some of the old Romanes had (if it be
true that is written) v. thousande or x. thousande
bondmen whom he ruled well, though they dwelled
all in one citie, or were distributed into diverse
villages, yet that were no common wealth : for the
bondman hath no communion with his master, the
wealth of the Lord is onely sought for, and not
the profit of the slave or bondman. For as they who
write of these thinges have defined, a bondman or a
slave is as it were (saving life and humane reason) but
the instrument of his Lord, as the axe, the sawe, the
chessyll and gowge is of the charpenter. Truth it
is the charpenter looketh diligently to save, correct and
amend all these: but it is for his own profit, and in
consideration of him selfe, not for the instrumentes sake.
And as these be instruments of the charpenter, so the
plow, the cart, the horse, oxe or asse, be instrumentes
20
ANGLO RUM LIB. i.
of the husbandman : and though one husbandman had
a great number of all those and looked well to them,
it made no common wealth nor could not so be called.
For the private wealth of the husbandman is onely
regarded, and there is no mutuall societie or portion,
no law or pleading betweene thone and thother. And
(as he sayth) what reason hath the pot to say to the
potter, why madest thou me thus? or why dost thou
break me after thou hast made me? even so is the
bondman or slave which is bought for monie: for he
is but a reasonable and lyving instrument the possession
of his Lorde and master, reckoned among his goods,
not otherwise admitted to the societie civill or common
wealth, but is part of the possession and goods of his
Lorde. Wherefore except there be other orders and
administrations amonst the Turks, if the prince of
the Turkes (as it is written of him) doe repute all
other his bondmen and slaves (him selfe and his sonnes
onely freemen) a man may doubt whether his ad-
ministration be to be accompted a common wealth or
a kingdome, or rather to be reputed onely as one that
hath under him an infinite number of slaves or bond-
men among whom there is no right, law nor common
wealth compact, but onely the will of the Lorde and
segnior. Surely none of the olde Greekes would call
this fashion of government Remp. or TroXirelav for
the reasons which I have declared before.
21
DE REPUBLICA
The first sort or beginning of an house
or familie called otKovofiia.
Chap. ii.
THen if this be a societie, and consisteth onely of
freemen, the least part therof must be of two.
The naturalest and first conjunction of two toward
the making of a further societie of continuance is of
the husband and of the wife after a diverse sorte ech
having care of the familie : the man to get, to travaile
abroad, to defender the wife, to save that which is
gotten, to tarrie at home to distribute that which
commeth of the husbandes labor for the nurtriture of
the children and family of them both, and to keepe
all at home neat and cleane. So nature hath forged
ech part to his office, the man sterne, strong, bould,
adventerous, negligent of his beautie, and spending.
The women weake, fearefull, faire, curious of her
bewtie and saving. Either of them excelling other
in wit and wisedome to conduct those thinges which
appertaine to their office, and therefore where their
wisedome doth excell, therein it is reason that ech
should governe. And without this societie of man,
and woman, the kinde of man coulde not long endure.
And to this societie men are so naturally borne that
the prince of all Philosophers in consideration of
natures was not afraide to say that a man by nature
is rather desirous to fellow himselfe to another and so
to live in couple, than to adherd himselfe with many.
Although of all thinges or lyuing creatures a man doth
shew him selfe most politique, yet can he not well live
without the societie and fellowship ciuill. He that can
22
ANGLORUM LIB. i.
live alone saith Aristotle is either a wild beast in
a mans likenes, or else a god rather than a man. So
in the house and familie is the first and most naturall
(but private) apparance of one of the best kindes of
a common wealth, that is called Aristocratia where
a few and the best doe governe, and where not one
alwaies: but sometime and in some thing one, and
sometime and in some thing another doth beare the
rule. Which to maintaine for his part God hath
given to the man great wit, bigger strength, and more
courage to compell the woman to obey by reason or
force, and to the woman bewtie, faire countenaunce,
and sweete wordes to make the man to obey her againe
for love. Thus ech obeyeth and commaundeth other,
and they two togeather rule the house. The house
I call here the man, the woman, their children, their
servauntes bonde and free, their cattell, their hous-
holde stuffe, and all other things, which are reckoned
in their possession, so long as all these remaine
togeather in one, yet this cannot be called Aristocratia^
but Metaphorice, for it is but an house, and a litle sparke
resembling as it were that governement.
The first and naturall beginning of a
kingdome in Greeke /3a<Ti\eia.
Chap. 12.
BUt for so much as it is the nature of all thinges
to encrease or decrease, this house thus en-
creasing and multiplying by generation, so that it
cannot wel be comprehended in one habitation, and
the children waxing bigger, stronger, wiser, and there-
23
DE REPUBLICA
upon naturally desirous to rule, the father and mother
sendeth them out in couples as it were by provining
or propagation. And the childe by manage beginneth
as it were to roote towards the making of a new
stocke, and thereupon an other house or familie. So
by this propagation or provining first of one, and
then another, and so from one to another in space of
time, of many howses was made a streete or village,
of many streetes and villages joyned together a citie or
borough. And when many cities, boroughes and
villages were by common and mutuall consent for
their conservation ruled by that one and first father
of them all, it was called a nation or kingdome. And
this seemeth the first and most natural beginning and
source of cities, townes, nations, kingdomes, and of all
civill societies. For so long as the great grandfather
was alive and able to rule, it was unnaturall for any
of his sonnes or ofspring to strive with him for the
superioritie, or to go about to governe or any wise to
dishonour him from whom he had received life and
being. And therefore such a one doth beare the first
and natural example of an absolute and perfect king.
For he loved them as his owne children and nephewes,
cared for them as members of his owne body, provided
for them as one having by long time more experience
than any one or all of them. They againe honoured
him as their father of whose bodie they came, obeyed
him for his great wisedome and forecast, went to him
in doubtfull cases as to an oracle of God, feared his
curse and malediction as proceeding from Gods owne
mouth. He againe used noriture: for ech paine put
upon them, he esteemed as laide upon himselfe.
24
ANGLORUM LIB. i.
The first and naturall beginning of the rule
of a few of the best men called in Greeke
ApiaTotcpaTeia.
Chap. 13.
BUt when that great grandfather was dead, the
sonnes of him and brethren among themselves
not having that reverence to any, nor confidence of
wisedome in any one of them, nor that trust thone
to thother, betweene whome (as many times it fareth
with brethren) some strifes and brawlinges had before
arisen : To defende themselves yet from them which
were walsh and strangers, necessarily agreed among
themselves to consult in common, and to beare rule
for a time in order, now one, now another: so that
no one might beare alwaies the rule, nor any one be
neglected. And by this meanes if anie one fayled
during his yere or time by ignoraunce, the next (being
either wiser of himselfe, or else by his brothers error
and fault) amended it. And in the meane while, at
diverse and most times when urgent necessitie did
occurre, they consulted all those heads of families
together within themselves, howe to demeane and order
their matters, best for the conservation of themselves, and
ech of their families, generally and particularly. Thus
a few being heades and the chiefe of their families,
equall in birth and nobilitie, and not much different
in riches, governed their owne houses and the descen-
dentes of them particularly, and consulted in common
upon publike causes, agreeing also upon certaine lawes
and orders to be kept amongst them. So the best,
25
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chiefest and sagest did rule, and thother part had no
cause to strive with them, nor had no cause nor
apparance to compare with anie of them, neither for
age nor discretion, nor for riches or nobilitie. The
rulers sought ech to keepe and maintaine their
posteritie, as their sonnes and nephewes, and such as
shoulde succeede them and carie their names when
they were deade, and so render them being mortall
by nature immortall by their fame and succession of
posteritie : having most earnest care to maintaine still
this their cousinage and common familie aswell against
forraigne and barbarous nations, which were not of
their progenie, tongue, or religion, as against wilde and
savage beasts. This seemeth the naturall source and
beginning or image of that rule of the fewer number,
which is called of the Greekes ApicrroKparela and of
the Latines optimatum respubltca.
The first originall or beginning of the rule
of the multitude called iroXtTeia or ArjfxoKparla.
Chap. 14.
NOw as time bringeth an ende of all thinges,
these brethren being all dead, and their ofspring
encreasing daily to a great multitude, and the reverence
due the old fathers in such and so great number of
equals fayling by the reason of the death or doting
of the Elders: eche owing their merites of education
apart to their fathers and grandfathers, and so many
arising and such equalitie among them, it was not
possible that they should be content to be governed
by a fewe. For two things being such as for the
26
ANGLORUM LIB. i.
which men in society and league doe most strive, that
is honour and profitte no man of free courage can be
contented to be neglected therein, so that they were
faine of necessitie to come to that, that the more part
should beare the price away in election of magistrates
and rulers. So that either by course or by lot ech
man in turne might be receaved to beare rule and have
his part of the honour, and (if any were) of the profit,
which came by administration of the common wealth.
For whosoever came of that old great grandfathers
race, he accompted him selfe as good of birth as any
other. For service to the common wealth all or such
a number had done it, as they coulde not be accompted
few. And if a few would take upon them to usurpe
over the rest, the rest conspiring together would soone
be master over them, and ruinate them wholly. Where-
upon necessarily it came to passe that the common
wealth must turne and alter as before from one to a
few, so now from a few to many and the most part,
ech of these yet willing to save the politicke bodie, to
conserve the authoritie of their nation, to defende them-
selves against all other, their strife being onely for
empire and rule, and who should doe best for the
common wealth, wherof they would have experience
made by bearing office and being magistrates. This
I take for the first and naturall beginning of the rule
of the multitude which the Greekes called Arjfio-
Kparla: the Latines some Respublica by the generall
name, some populi potestas, some census potestas, I cannot
tell howe latinely.
27
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That the common wealth or policie must
be according to the nature of the people.
Chap. 15.
BY this processe and discourse it doth appeare that
the mutations and changes of fashions of governe-
ment in common wealthes be naturall, and do not
alwayes come of ambition or malice: And that ac-
cording to the nature of the people, so the common-
wealth is to it fit and proper. And as all these iii.
kindes of common wealthes are naturall, so when to
ech partie or espece and kinde of the people that is
applied which best agreeth like a garment to the bodie
or shoe to the foote, then the bodie politique is in
quiet, and findeth ease, pleasure and profit. But if
a contrary forme be given to a contrary maner of
people, as when the shoe is too litle or too great for
the foote, it doth hurt and encomber the convenient
use thereof, so the free people of nature tyrannized or
ruled by one against their willes, were he never so
good, either faile of corage and wexe servile, or never
rest untill they either destroie their king and them that
would subdue them, or be destroyed themselves: And
againe another sort there is which without being ruled
by one prince but set at libertie cannot tell what they
shoulde doe, but either through insolencie, pride, and
idlenes will fall to robbery and all mischiefe, and to
scatter and dissolve themselves, or with foolish ambition
and private strife consume one another and bring
themselves to nothing. Of both these two we have
histories enough to beare witnesse, as the Greekes,
Romanes, Samnites, Danes, Vandals, and others. Yet
must you not thinke, that al common wealthes, ad-
28
ANGLORUM LIB. i.
ministrations and rulinges began on this sort, by
provining or propagation, as is before written, but
many times after a great battle and long war the
captaine who led a multitude of people, gathered
peradventure of diverse nations and languages, liking
the place which he hath by force conquered, tarieth
there, and beginneth a common wealth after this
maner, and for the most part a kingdome. As the
Gothes and Lumbardes in Italie, the Frenchmen in
Gaule, the Sarasins in Spaine and part of Fraunce,
the Saxons in great Brittaine, which is nowe called
Englande: of which when that one and chiefe prince
is dead, the nobler sort consult among themselves,
and either choose an other head and king, or divide
it into more heads and rulers, so did the Lumbards
in Italie, and the Saxons in England, or take at the
first a common rule and popular estate, as the Zwisers
did in their cantons and do yet at this day, or else
admit the rule of a certaine fewe, excluding the multi-
tude and communaltie, as the Paduans, Veronenses,
and Venetians have accustomed.
The division of the parts and persons
of the common wealth.
Chap. 16.
TO make all thinges yet cleare before, as we shal
go, there ariseth another division of the partes
of the common wealth. For it is not enough to say
that it consisteth of a multitude of houses and families
which make stretes and villages, and the multitude of
the stretes and villages make townes, and the multi-
tude of townes the realme, and that freemen be
29
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considered only in this behalf, as subjects and citizens
of the commonwealth, and not bondmen who can
beare no rule nor jurisdiction over freemen, as they
who be taken but as instruments and the goods and
possessions of others. In which consideration also we
do reject women, as those whom nature hath made to
keepe home and to nourish their familie and children,
and not to medle with matters abroade, nor to beare
office in a citie or common wealth no more than
children and infantes: except it be in such cases as
the authoritie is annexed to the bloud and progenie,
as the crowne, a dutchie, or an erledome for there
the blood is respected, not the age nor the sexe.
Whereby an absolute Queene, an absolute Dutches or
Countesse, those I call absolute, v/hich have the name,
not by being maried to a king, duke, or erle, but by
being the true, right and next successors in the dignitie,
and upon whom by right of the blood that title is
descended : These I say have the same authoritie
although they be women or children in that kingdome,
dutchie or earledome, as they shoulde have had if they
had bin men of full age. For the right and honour
of the blood, and the quietnes and suertie of the
realme, is more to be considered, than either the tender
age as yet impotent to rule, or the sexe not accustomed
(otherwise) to intermeddle with publicke affaires, being
by common intendment understood, that such person-
ages never do lacke the counsell of such grave and
discreete men as be able to supplie all other defectes.
This (as I sayde) is not enough : But the division of
these which be participant of the common wealth is
one way of them that beare office, tlje other of them
that beare none: the first are called magistrates, the
30
ANGLORUM LIB. i.
second private men. Another the like was among
the Romanes of Patr'ttij and p/tbei, thone striving with
thother a long time, the patricij many yeares ex-
cluding the plebei from bearing rule, untill at last all
magistrates were made common between them: yet
was there another division of the Romanes into
senatoresy equ'ttes and plebs: the Greekes had also evye-
i/et? Kai \t)iLavTiypv<i. The French have also at this
day, Us nobUs and la populare, or gentils homes and
villaines: we in England divide our men commonly
into foure sortes, gentlemen, citizens, yeomen artificers,
and laborers. Of frentlemen the first and chiefe are
the king, the prince, dukes, marquises, earles, vi-
countes, barrons, and these are called /car £%oyT)v the
nobility, and all these are called Lords and noble-
men : next to these be knightes, esquiers and simple
gentlemen.
Of the first part of gentlemen of englande
called Nobilitas maior.
Chap. 17.
DUkes, marquises, erles, vicountes, and barrons,
either be created by the prince or come to that
honor by being the eldest sonnes, as highest and next
in succession to their parentes. For the eldest of dukes
sonnes during his fathers lyfe is called an earle, an
earles sonne is called by the name of a vicount, or
baron, or else according as the creation is. The
creation I cal the first donation and condition of the
honour (given by the prince, for good service done by
him and advauncement that the prince will bestowe
31
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uppon him) which with the title of that honour is
commonly (but not alwayes) given to him and to his
heires, males onely : the rest of the sonnes of the
nobilitie by the rigor of the lawe be but esquiers,
yet in common speeche, all dukes and marquises
sonnes, and the eldest sonne of an earle be called
Lordes. The which name commonly doth agree to
none of lower degree than barrons, excepting such
onely, as be thereunto by some speciall office called.
The barrony or degree of Lordes doeth answere to
the dignitie of the Senators of Rome, and the title of
our nobilitie to their patricij'. when patricij did be-
token Senatores aut senatorum filios. Census Senatorius
was in Rome, at diverse times diverse, and in Englande
no man is created barron, excepte he may dispend of
yearly revenue, one thousand poundes or one thousand
markes at the least. Vicountes, earles, marquises and
dukes more according to the proportion of the degree
and honour, but though by chaunce he or his sonne
have lesse, he keepeth his degree: but if they decay
by excesse, and be not able to maintaine the honour
(as senatores Romant were amoti senatu) so sometimes
they are not admitted to the upper house in the
parliament, although they keepe the name of Lorde
still.
Of the second sort of gentlemen which may
be called Nobilitas minor^ and first of knightes.
Chap. 18.
^T O man is a Knight by succession, not the king
% or prince. And the name of prince in england
kclt egoxyv betokeneth the kinges eldest sonne or
32
ANGLORUM LIB. i.
prince of wales : although the king himselfe, his eldest
sonne, and all dukes be called by generall name
princes. But as in Fraunce the kinges eldest sonne
hath the title of the daulphine, and he or the next
heire apparant to the crowne is monsire, so in Englande
the kinges eldest sonne is called kot i^o^rjv the prince.
Knightes therefore be not borne but made, either
before the battle to encourage them the more to ad-
venture their lives, or after the conflict, as advaunce-
ment for their hardinesse and manhood alreadie shewed :
or out of the warre for some great service done, or
some good hope through the vermes which do appeare
in them. And they are made either by the king him-
selfe, or by his commission and royall authoritie, given
for the same purpose, or by his liuetenaunt in the
warres, who hath his royall and absolute power com-
mitted to him for that time. And that order seemeth
to aunswere in part to that which the Romanes called
Equites Romanosy differing in some pointes, and agreeing
in other, as their common wealth and ours do differ
and agree : for never in all pointes one common wealth
doth agree with an other, no nor long time any one
common wealth with it selfe. For al chaungeth
continually to more or lesse, and still to diverse and
diverse orders, as the diversity of times do present
occasion, and the mutabilitie of mens wittes doth
invent and assay newe wayes, to reforme and amende
that werein they do finde fault. Equites Romani
were chosen ex censu, that is according to their sub-
stance and riches. So be knightes in England most
commonly, according to the yearely revenew of their
landes being able to maintaine that estate : yet all they
that had Equestrem censum, non legebantur equites. No
c 33
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more are all made knightes in Englande that may
dispende a knightes land or fee, but they onely whom
the king wil so honour. The number of Equites was
uncertaine, and so it is of knightes, at the pleasure
of the prince. Equites Romani had equum publicum.
The knightes of England have not so, but finde their
own horse themselves in peace time, and most usually
in warres.
Census equester was among the Romanes at diverse
times of diverse valew: but in England whosoever
may dispende of his free landes 40. 1. sterling of
yearely revenew by an olde law of Englande either
at the coronation of the king, or manage of his
daughter, or at the dubbing of the prince, knight,
or some such great occasion, may be by the king
compelled to take that order and honour, or to
pay a fine, which many not so desirous of honour
as of riches, had rather disburse. Some who for
causes ar not thought worthy of that honor and
yet have abilitie, neither be made knightes though
they would, and yet pay the fine. XI. 1. sterling, at
that time when this order began, maketh now Cxx. 1.
of currant mony of Englande : as I have more at large
declared in my booke of the diversitie of standardes
or the valor of monies.
When the Romanes did write senatus populusque
Romanus, they seemed to make but two orders, that
is of the Senate and of the people of Rome, and so
in the name of people they contained equites and
plehem : so when we in England do say the Lordes
and the commons, the knights, esquires, and other
gentlemen, with citizens, burgeses and yeomen be
accompted to make the commons. In ordaining of
34
ANGLORUM LIB. i.
lawes the senate of Lordes of England is one house,
where the Archbishoppes and Bishops also be, and the
king or Queene for the time being as chiefe: the
Knights and all the rest of the gentlemen, citizens
and burgeses which be admitted to consult upon the
greatest affaires of the Realme be in an other house
by themselves, and that is called the house of the
commons, as we shal more clearely describe when we
speake of the parliament. Whereupon this worde
knight is derived, and whether it do betoken no more
but that which miles doth in latine, which is a souldier,
might be moved as a question. The word souldier
now seemeth rather to come of sould and payment,
and more to betoken a waged or hyred man to fight
than otherwise, yet Casar in his Commentaries called
soldures in the tongue gallois, men who devoted and
swore themselves in a certaine band or othe one to
another and to the captaine, which order if the
Almains did follow, it may be that they who were
not hyred but being of the nation, uppon their owne
charges and for their advauncement, and by such
common oth or band that did follow the warres, were
(possibly) Kar e^o^rjv called knightes or militesy and
nowe among the Almaines some are called lanceknights
as souldiers of their band not hyred, although at this
day they be for the most part hirelings. Or per-
adventure it may be that they which were next about
the prince as his garde or servauntes picked or chosen
men out of the rest being called in the Almaine
language, knighten, which is asmuch to say as ser-
vantes: these men being found of good service, the
word afterward was taken for an honor, and for him
who maketh profession of armes. Our language is
c* 35
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so chaunged that I dare make no judgement therof.
Now we call him knight in english that the french
calleth chevalier, and the latine equitem or equestris
ordinis.
And when any man is made a knight, he kneeling
downe is stroken of the prince, with his sworde naked
uppon the backe or shoulder, the prince saying: sus or
sois chivalier au nom de Dieu and (in times past) they
added S. George, and at his arising the prince saith,
avauncer. This is the manner of dubbing of knights
at this present: and that terme dubbing was the
olde terme in this point, and not creation. At the
coronation of a king or queene, there be knightes
of the bath made with long and more curious cere-
monies: But howsoever one be dubbed or made a
knight, his wife is by and by called a Ladie as well
as a barons wife : he himselfe is not called Lorde, but
hath to his name in common appellation added this
syllable, Sir, as if he before were named, Thomas,
William, 'John, or Richard, afterward he is alwayes
called Sir Thomas, Sir William, Sir John, Sir Richard,
and that is the title which men give to knightes in
England. This may suffice at this time, to declare
the order of knighthood, yet there is an other order
of knightes in England which be called the knightes
of the garter. King Edward the third, after he had
obtained many notable victories, King John of Fraunce,
King James of Scotland, being both prisoners in the
tower of London at one time, and king Henrie of
Castell the bastard expulsed out of his realme, and
Don Retro restored unto it by the prince of Wales
and Duke of Aquitaine called the blacke prince, in-
vented a societie of honour, and made a choise out
36
ANGLORUM LIB. i.
of his owne realme and dominions, and all Christen-
dom : and the best and most excellent renouned
persons in vertues and honour, he did adorne with that
title to be knightes of his order, gave them a garter
decked with golde, pearle and precious stones, with
the buckle of gold, to weare daily on the left legge
onely, a kirtle, gowne, cloke, chaperon, collar, and
other august and magnificall apparell both of stuffe
and fashion exquisite and heroicall, to weare at high
feastes, as to so high and princely an order was meete :
of which order he and his successors Kinges and
Queenes of England to be the soveraigne, and the rest
by certaine statutes and lawes among themselves, be
taken as brethren and fellowes in that order, to the
number of xxvi. But because this is rather an orna-
ment of the realme than any policie or government
therof, I leave to speake any further of it.
Of Esquiers.
Chap. 19.
EScuier or esquier (which we call commonly squire)
is a French worde, and betokeneth Scutigerum
or Armigerum, and be all those which beare armes
(as we call them) or armories (as they terme them in
French) which to beare is a testimonie of the nobilitie
or race from whence they do come. These be taken
for no distinct order of the common wealth, but do
goe with the residue of the gentlemen : save that
(as I take it) they be those who beare armes, testi-
monies (as I have saide) of their race, and therefore
have neither creation nor dubbing: or else they were
37
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at the first costerels or the bearers of the armes of
Lordes or knightes, and by that had their name
for a dignitie and honour given to distinguish them
from a common souldier called in latine Gregarius
miles.
Of Gentlemen.
Chap. 20.
GEntlemen be those whom their blood and race
doth make noble and knowne, Rvyevels in
Greeke, the Latines call them all Nobiles, as the French
Nobles, Rvyevela or Nobilitas in Latine is defined,
honour or title given, for that the auncestor hath bin
notable in riches or vertues, or (in fewer wordes) old
riches or prowes remaining in one stock. Which if
the successors do keepe and followe, they be vere nobiles
and TLvyeveis: if they doe not, yet the fame and
wealth of their auncestors serve to cover them so
long as it can, as a thing once gilted though it be
copper within, till the gilt be worne away. This hath
his reason, for the Etimologie of the name serveth
thefficacie of the worde. Gens in Latine betokeneth the
race and sirname, so the Romaines had Cornelios, Sergios,
Appios, Fabios, Aemilios, Pisones, Julios, Brutos, Valerios,
of which who were Agnati, and therefore kept the
name, were also Gentiles : and remaining the me-
morie of the glorie of their progenitors fame, were
gentlemen of that or that race. This matter made
a great strife among the Romanes, when those which
were Novi homines were more allowed, for their vertues
new and newly showen, than the olde smell of
auntient race newly defaced by the cowardise and evill
38
ANGLORUM LIB. i.
life of their nephewes and discendauntes could make
the other to be. Thus the Cicerones, Catones^ and
Marii had much adoe with those auncients, and there-
fore said "Juvenalis :
Malo pater tibi sit Tersites, dummodo tu sis
Aeacidi similis vulcaniaque arma capessas,
Quam te Thersiti similem producat Achilles.
But as other common wealthes were faine to doe,
so must all princes necessarilie followe, that is, where
vertue is to honour it : and although vertue of auncient
race be easier to be obtained, aswell by the example
of the progenitors, which encourageth, as also through
habilitie of education and bringing up, which enableth,
and the lastly enraced love of tenants and neybors to
such noblemen and gentlemen, of whom they holde
and by whom they doe dwell, which pricketh forward
to ensue in their fathers steps. So if all this doe faile
(as it were great pitie it should) yet such is the nature
of all humaine thinges, and so the world is subject
to mutability, that it doth many times faile : but when
it doth, the prince and common wealth have the same
power that their predecessors had, and as the husband-
man hath to plant a new tree where the olde fayleth,
so hath the prince to honour vertue where he doth
find it, to make gentlemen, esquiers, knights, barons,
earles, marquises, and dukes, where he seeth vertue
able to beare that honour or merits, and deserves it,
and so it hath alwayes bin used among us. But or-
dinarily the king doth only make knights and create
barons or higher degrees : for as for gentlemen, they
be made good cheape in England. For whosoever
studieth the lawes of the realme, who studieth in the
universities, who professeth liberall sciences, and to be
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shorte, who can live idly and without manuall labour,
and will beare the port, charge and countenaunce of
a gentleman, he shall be called master, for that is the
title which men give to esquires and other gentlemen,
and shall be taken for a gentleman : for true it is with
us as is saide, Tanti eris alijs quanti tibi fecerh : (and
if neede be) a king of Heraulds shal also give him for
mony, armes newly made and invented, the title
whereof shall pretende to have beene found by the
sayd Herauld in perusing and viewing of olde registers,
where his auncestors in times past had bin recorded
to beare the same : Or if he wil do it more truely
and of better faith, he will write that for the merittes
of that man, and certaine qualities which he doth see
in him, and for sundrie noble actes which he hath
perfourmed, he by the authoritie which he hath as
king of Heraldes and armes, giveth to him and his
heires these and these armes, which being done I thinke
he may be called a squire, for he beareth ever after
those armes. Such men are called sometime in scorne
gentlemen of the first head.
Whether the maner of England in making
gentlemen so easily is to be allowed.
Chap. 21.
A Man may make doubt and question whether this
maner of making gentlemen is to be allowed
or no, and for my part I am of that opinion that it is
not amisse. For first the prince loseth nothing by it,
as he shoulde doe if it were as in Fraunce: for the
yeomen or husbandman is no more subject to taile or
40
ANGLORUM LIB. i.
taxe in Englande than the gentleman : no, in every
payment to the king the gentleman is more charged,
which he beareth the gladlier and dareth not gainesaie
for to save and keepe his honour and reputation. In
any shew or muster or other particular charge of the
towne where he is, he must open his purse wider and
augment his portion above others, or else he doth
diminish his reputation. As for their outward shew,
a gentleman (if he wil be so accompted) must go like
a gentleman, a yeoman like a yeoman, and a rascall
like a rascall : and if he be called to the warres, he
must and will (whatsoever it cost him) array himselfe
and arme him according to the vocation which he
pretendeth : he must shew also a more manly corage
and tokens of better education, higher stomacke and
bountifuller liberalise than others, and keepe about
him idle servauntes, who shall doe nothing but waite
upon him. So that no man hath hurt by it but he
himselfe, who hereby per chance will beare a bigger
saile than he is able to maintaine. For as touching
the policie and goverment of the common wealth,
it is not those that have to do with it, which will
magnifie them selves, and goe in higher buskins than
their estate will beare: but they which are to be
appointed, are persons tryed and well knowen, as shall
be declared hereafter.
Of Citizens and Burgesses.
Chap. 22.
NExt to gentlemen, be appointed citizens and
burgesses, such as not onely be free and re-
ceived as officers within the cities, but also be of some
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substance to beare the charges. But these citizens and
burgesses, be to serve the common wealth, in their
cities and burrowes, or in corporate townes where they
dwell. Generally in the shyres they be of none
accompt, save onely in the common assembly of the
realme to make lawes, which is called the Parliament.
The aunciet cities appoint iiij. and ech burrough ij.
to have voices in it, and to give their consent or
dissent in the name of the citie or burrough for which
they be appointed.
Of Yeomen.
Chap. 23.
THose whom we call yeomen next unto the
nobilitie, knights and squires, have the greatest
charge and doings in the common wealth, or rather
are more travailed to serve in it than all the rest : as
shall appeare hereafter. I call him a yeoman whom
our lawes doe call Legalem hominem, a worde familiar
in writtes and enquestes, which is a freeman borne
English, and may dispend of his owne free lande in
yerely revenue to the summe of xl. s. sterling : This
maketh (if the just value were taken now to the
proportion of monies) vi. 1. of our currant mony at
this present. This sort of people confesse themselves
to be no gentlemen, but give the honour to al which
be or take upon them to be gentlemen, and yet they
have a certaine preheminence and more estimation than
laborers and artificers, and commonly live welthilie,
keepe good houses, and do their businesse, and travaile
to acquire riches : these be (for the most part) fermors
unto gentlemen, which with grasing, frequenting of
42
ANGLORUM LIB. i.
markettes, and keeping servauntes not idle as the gentle-
man doth, but such as get both their owne living and
parte of their maisters: by these meanes doe come
to such wealth, that they are able and daily doe buy
the landes of unthriftie gentlemen, and after setting
their sonnes to the schoole at the Universities, to the
lawe of the Realme, or otherwise leaving them
sufficient landes whereon they may live without labour,
doe make their saide sonnes by those meanes gentle-
men. These be not called masters, for that (as I saide)
pertaineth to gentlemen onely : But to their surnames,
men adde goodman : as if the surname be Luter, Finch,
White, Browne, they are called, goodman Luter, good-
man White, goodman Finch, goodman Browne, amongest
their neighbours, I meane not in matters of importance
or in lawe. But in matters of lawe and for distinction,
if one were a knight they would write him (for ex-
ample sake) sir John Finch knight, so if he be an
esquier, John Finch esquier or gentleman, if he be
no gentleman, John Finch yeoman. For amongest
the gentlemen they which claime no higher degree,
and yet be to be exempted out of the number of the
lowest sort thereof, be written esquiers. So amongest
the husbandmen labourers, lowest and rascall sort of
the people such as be exempted out of the number of
the rascabilitie of the popular be called and written
yeomen, as in the degree next unto gentlemen. These
are they which olde Cato calleth Aratores and optimos
cives in Republica : and such as of whom the writers
of common wealthes praise to have manie in it. Ari-
stote/es namely reciteth iro/xa fiecrrjria apiara : these
tende their owne businesse, come not to meddle in
publike matters and judgements but when they are
43
DE REPUBLICA
called, and gladde when they are delivered thereof, are
obedient to the gentlemen and rulers, and in warre
can abide travaile and labour as men used to it, yet
wishing it soone at an ende that they might come
home and live of their owne. When they are foorth
they fight for their Lordes of whom they hold their
landes, for their wives and children, for their countrey
and nation, for praise and honour, against they come
home, and to have the love of their Lorde and his
children to be continued towardes them and their
children, which have adventured their lives to and
with him and his. These are they which in the old
world gat that honour to Englande, not that either for
witte, conduction, or for power they are or were ever
to be compared to the gentlemen, but because they be
so manie in number, so obedient at the Lordes call,
so strong of bodie, so heard to endure paine, so
couragious to adventure with their Lorde or Captaine
going with, or before them, for else they be not hastie
nor never were, as making no profession of knowledge
of warre. These were the good archers in times past,
and the stable troupe of footemen that affaide all
France, that would rather die all, than once abandon
the knight or gentleman their Captaine, who at those
daies commonly was their Lorde, and whose tenauntes
they were, readie (besides perpetuall shame) to be in
danger of undoing of them selves, and all theirs if they
should showe any signe of cowardise or abandon the
Lorde, Knight or Gentlemen of whom they helde
their living. And this they have amongest them from
their forefathers tolde one to an other. The gentlemen
of France and the yeomen of Englande are renowned,
because in battle of horsemen Fraunce was many times
44
ANGLORUM LIB. i.
too good for us, as we againe alway for them on foote.
And Gentlemen for the most part be men at armes
and horsemen, and yeomen commonlie on foote : howe-
soever it was, yet the gentlemen had alwaies the
conduction of the yeomen, and as their captaines were
either a foote or upon a litle nagge with them, and
the Kinges of Englande in foughten battles remaining
alwaies among the footemen, as the French Kinges
amongst their horsemen. Each Prince therby, as a man
may gesse, did shew where he thought his strength did
consist. What a yeoman is I have declared, but from
whence the word is derived it is hard to say : it cannot
be thought that yeomen should be said a young man,
for commonly wee doe not call any a yeoman till he be
married, and have children, and as it were have some au-
thorise among his neighbours. Yonker in lowe dutch be-
tokeneth a meane gentleman or a gay fellowe. Possible
our yeomen not being so bolde as to name themselves
gentlemen, when they came home, were content when
they had heard by frequentation with lowe dutchmen
of some small gentleman (but yet that would be
counted so) to be called amongest them, yonker man,
the calling so in warres by mockage or in sport thone
an other, when they come home, yonker man, and so
yeoman : which worde now signifieth among us,
a man well at ease and having honestlie to live,
and yet not a gentleman : whatsoever that worde
yonker man, yonke man, or yeoman doth more or
lesse signifie to the dutch men.
45
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Of the fourth sort of men which
doe not rule.
Chap. 24.
THe fourth sort or classe amongest us, is of those
which the olde Romans called capite censij
proletary or operce, day labourers, poore husbandmen,
yea marchantes or retailers which have no free lande,
copiholders, and all artificers, as Taylers, Shoomakers,
Carpenters, Brickemakers, Bricklayers, Masons, &c.
These have no voice nor authoritie in our common
wealth, and no account is made of them but onelie
to be ruled, not to rule other, and yet they be not
altogether neglected. For in cities and corporate
townes for default of yeomen, enquests and Juries are
impaneled of such manner of people. And in villages
they be commonly made Churchwardens, alecunners,
and manie times Constables, which office toucheth
more the common wealth, and at the first was not
imployed uppon such lowe and base persons. Where-
fore generally to speake of the common wealth, or
policie of Englande, it is governed, administred, and
manured by three sortes of persons, the Prince, Mon-
arch, and head governer, which is called the king, or
if the crowne fall to a woman, the Queene absolute,
as I have heeretofore saide : In whose name and by
whose authoritie all things are administred. The
gentlemen, which be divided into two partes, the
Baronie or estate of Lordes conteyning barons and
all that bee above the degree of a baron, (as I have
declared before) : and those which be no Lords, as
46
ANGLORUM LIB. i.
Knightes, Esquires, and simplely gentlemen. The
thirde and last sort of persons is named the yeomanrie :
each of these hath his part and administration in
judgementes, corrections of defaultes, in election of
offices, in appointing and collection of tributes and
subsidies, or in making lawes, as shall appear heere-
after.
47
THE SECOND
booke.
Of the Parliament and the au-
thoritie thereof.
Chap. i.
THe most high and absolute power of the realme
of Englande, consisteth in the Parliament. For
as in warre where the king himselfe in person, the
nobilitie, the rest of the gentilitie, and the yeomanrie
are, is the force and power of Englande: so in peace
and consultation where the Prince is to give life, and
the last and highest commaundement, the Baronie for
the nobilitie and higher, the knightes, esquiers, gentle-
men and commons for the lower part of the common
wealth, the bishoppes for the clergie bee present to
advertise, consult and shew what is good and necessarie
for the common wealth, and to consult together, and
upon mature deliberation everie bill or lawe being
thrise reade and disputed uppon in either house, the
other two partes first each a part, and after the Prince
himselfe in presence of both the parties doeth consent
unto and alloweth.tr- That is the Princes and whole
realmes deede : whereupon justlie no man can com-
plaine, but must accommodate himselfe to finde it
good and obey it.
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That which is doone by this consent is called
firme, stable, and sanctum, and is taken for lawe. The
Parliament abrogateth olde lawes, maketh newe, giveth
orders for thinges past, and for thinges hereafter to
be followed, changeth rightes, and possessions of private
men, legittimateth bastards, established formes of
religion, altereth weightes and measures, giveth formes
of succession to the crowne, defineth of doubtfull
rightes, whereof is no lawe alreadie made, appointeth
subsidies, tailes, taxes, and impositions, giveth most free
pardons and absolutions, restoreth in bloud and name
as the highest court, condemneth or absolveth them
whom the Prince will put to that triall: And to be
short, all that ever the people of Rome might do either
in Centuriatis comitijs or tributis, the same may be doone
by the parliament of Englande, which representeth
and hath the power of the whole realme both the head
and the bodie. For everie Englishman is entended
to bee there present, either in person or by procuration
and attornies, of what preheminence, state, dignitie,
or qualitie soever he be, from the Prince (be he King
or Queene) to the lowest person of Englande. And
the consent of the Parliament is taken to be everie
mans consent.
The forme of holding the Parliament.
Chap. 2.
THe Prince sendeth foorth his rescripts or writtes
to every duke, marques, baron, and every other
Lorde temporall or spirituall who hath voice in the
parliament, to be at his great counsell of Parliament
such a day, (the space from the date of the writ is
d 49
DE REPUBLICA
commonly at the least fortie dayes) : he sendeth also
writtes to the Sherifes of every shyre to admonish the
whole shire to choose two knightes of the parliament
in the name of the shyre, to heare and reason, and
to give their advise and consent in the name of the
shire, and to be present at that day : likewise to every
citie and towne which of ancientie hath bin wont to
finde burgesses of the parliament, so to make election
that they might be present there at the first day of
the parliament. The knightes of the shyre be chosen
by all the gentlemen and yeomen of the shyre, present
at the day assigned for the election : the voice of any
absent can be counted for none. Yeomen I call here
(as before) that may dispende at the least xl. s. of
yearely rent of free lande of his owne. These meet-
ing at one day, the two who have the more of their
voices be chosen knightes of the shire for that parlia-
ment : likewise by the pluralitie of the voyces of the
citizens and burgesses be the burgesses elected. The
first day of the parliament the Prince and all the
Lordes in their robes of parliament do meete in the
higher house, where after prayers made, they that
be present are written, and they that be absent upon
sicknes or some other reasonable cause (which the
prince will allow e) do constitute under their hande
and seale some one of those who be present as their
procurer or atturney to give voice for them, so that
by presence or atturney and proxey they be all there,
all the princes and barrons and all archbishops and
bishops, and (when abbots were) so many abbots as had
voice in parliament. The place where the assembly
is, is richly tapessed and hanged, a princely and royal
throne as appertaineth to a king, set in the middest
50
ANGLORUM LIB. 2.
of the higher place thereof. Next under the prince
sitteth the Chancellor, who is the voyce and orator
of the prince. On the one side of that house or
chamber sitteth the archbishops and bishops, ech in
his ranke, on the other side . the dukes and barons.
In the middest thereof uppon woolsackes sitteth the
Judges of the realme, the master of the roules, and
the secretaries of estate. But these that sit on the
woolsacks have no voice in the house, but onely sit
there to aunswere their knowledge in the law, when
they be asked if any doubt arise among the Lordes.
The secretaries to aunswere of such letters or thinges
passed in counsell whereof they have the custodie and
knowledge : and this is called the upper house, whose
consent and dissent is given by ech man severally and
by himselfe, first for himselfe, and then severally for
so many as he hath letters and proxies, when it
commeth to the question, saying onely content or not
content, without further reasoning or replying. In
this meane time the knights of the shires and burgesses
of the parliament (for so they are called that have
voice in parliament, and are chosen as I have said
before, to the number betwixt iij. C. and iiij. C.) are
called by such as it pleaseth the prince to appoint, into
an other great house or chamber by name, to which
they aunswere and declaring for what shyre or towne
they aunswere : then they are willed to choose an able
and discreete man to be as it were the mouth of them
all, and to speake for and in the name of them, and
to present him so chosen by them to the prince :
which done they comming al with him to a barre, which
is at the nether ende of the upper house, there he first
praiseth the prince, then maketh his excuse of unabilitie,
D 2 51
DE REPUBLICA
and prayeth the prince that he would command the
commons to choose another. The chancellor in the
princes name doth so much declare him able, as he
did declare himselfe unable, and thanketh the commons
for choosing so wise, discreete and eloquent a man,
and willeth them to go and consult of lawes for the
common wealth. Then the speaker maketh certaine
requests to the prince in the name of the commons,
first that his majestie would be content that they may
use and enjoy all their liberties and priviledges that the
common house was wont to enjoy. Secondly that
they might franckely and freely saye their mindes in
disputing of such matters as may come in question,
and that without offence to his Majestie. Thirdly
that if any should chaunce of that lower house to
offend or not to do or say as should become him, or
if any should offend any of them being called to that
his highnes court : That they themselves might (ac-
cording to the ancient custome) have the punishment
v/of them. And fourthly, that if there came any doubt,
whereupon they shal desire to have thadvise or con-
ference with his Majestie or with any of the Lordes,
that they might doe it: All which he promiseth in
the commons names that they shall not abuse, but
have such regarde as most faithfull, true and loving
subjectes ought to have to their prince.
The Chauncelor answereth in the princes name, as
apperteyneth. And this is all that is doone for one
day, and sometime two. Besides the Chauncelor,
there is one in the upper house who is called Clarke
of the Parliament, who readeth the bils. For all that
commeth in consultation either in the upper house
or in the neather house, is put in writing first in
5*
ANGLORUM LIB. 2.
paper, which being once read, he that will, riseth up
and speaketh with it or against it : and so one after
another so long as they shall thinke good. That doone
they goe to another, and so an other bill. After it
hath bin once or twise read, and doth appeare that
it is somewhat liked as reasonable, with such amend-
ment in wordes and peradventure some sentences as
by disputation seemeth to be amended : In the upper
house the Chauncelor asketh if they will have it en-
grossed, that is to say put into parchment : which
doone, and read the third time, and that eftsoones if
any be disposed to object disputed againe among them,
the Chauncelor asketh if they will goe to the question :
and if they agree to goe to the question, then he sayth,
here is such a lawe or act concerning such a matter,
which hath beene thrise read here in this house, are
ye content that it be enacted or no? If the not
contentes be moe, then the bill is dashed, that is to
say the lawe is annihilated and goeth no further. If
the contentes be the more, then the Clarke writeth
underneath : Soit bailie aux commons. And so when
they see time they send such bils as they have ap-
prooved by two or three of those which doe sit on
the woolsacks to the commons: who asking licence,
and comming into the house, with due reverence, sayth
to the speaker : Master speaker, my Lordes of the
upper house have passed among them and thinke good,
that there should be enacted by Parliament such an
act, and such an act, and so readeth the titles of that
act or actes. They pray you to consider of them, and
shew them your advise, which doone they goe their
way. They being gone and the doore againe shut,
the speaker rehearseth to the house what they sayde.
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And if they be not busie disputing at that time in an
other bill, he asketh them streightwaie if they will have
that bill or (if there be mo) one of them.
In like maner in the lower house the speaker sitting
in a seate or chaire for that purpose somewhat higher,
that he may see and be seene of them all, hath before
him in a lower seate his Clarke, who readeth such
bils as be first propounded in the lower house, or be
sent down from the Lords. For in that point ech
house hath equal authoritie, to propounde what they
thinke meete, either for thabrogating of some law
made before, or for making of a newe. All bils be
thrise in three diverse dayes read and disputed upon,
before they come to the question. In the disputing is
a mervelous good order used in the lower house. He
that standeth uppe bareheadded is understanded that he
will speake to the bill. If moe stande uppe, who that
first is judged to arise, is first harde, though the one doe
prayse the law, the other diswade it, yet there is no
altercation. For everie man speaketh as to the speaker,
not as one to an other, for that is against the order
of the house. It is also taken against the order, to
name him whom ye doe confute, but by circumlo-
cution, as he that speaketh with the bill, or he that
spake against the bill, and gave this and this reason.
And so with perpetuall Oration not with altercation,
he goeth through till he do make an end. He that
once hath spoken in a bill though he be confuted
straight, that day may not replie, no though he would
chaunge his opinion. So that to one bill in one day
one may not in that house speake twise, for else one
or two with altercation woulde spende all the time.
The next day he may, but then also but once.
54
ANGLORUM LIB. 2.
No reviling or nipping wordes must be used. For
then all the house will crie, it is against the order :
and if any speake unreverently or seditiouslie against
the Prince or the privie counsell, I have seene them
not onely interrupted, but it hath beene moved after
to the house, and they have sent them to the tower.
So that in such a multitude, and in such diversitie
of mindes, and opinions, there is the greatest modestie
and temperance of speech that can be used. Never-
thelesse with much doulce and gentle termes, they
make their reasons as violent and as vehement the
one against the other as they may ordinarily, except
it bee for urgent causes and hasting of time. At the
afternoone they keepe no parliament. The speaker
hath no voice in the house, nor they will not suffer
him to speake in any bill to moove or diswade it.
But when any bill is read, the speakers office is as
brieflie and as plainely as he may to declare the effect
thereof to the house. If the commons doe assent to
such billes as be sent to them first agreed upon from
the Lords thus subscribed, Les commons ont assentus, so
if the Lordes doe agree to such billes as be first agreed
uppon by the Commons, they sende them downe to
the speaker thus subscribed, Les Seigneurs ont assentus.
If they cannot agree, the two houses (for everie bill
from whence soever it doth come is thrise reade in
each of the houses) if it be understoode that there is
any sticking, sometimes the Lordes to the Commons,
somtime the Commons to the Lords doe require that a
certaine of each house may meete together, and so ech
part to be enformed of others meaning, and this is
alwaies graunted. After which meeting for the most
part not alwaies either parte agrees to others billes.
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In the upper house they give their assent and
dissent ech man severallie and by himselfe first for
himselfe, and then for so manie as he hath proxie.
When the Chaunceler hath demanded of them whether
they will goe to the question after the bill hath beene
thrise reade, they saying only content or not con-
tent, without further reasoning or replying: and as
the more number doeth agree, so is it agreed on, or
dashed.
In the neather house none of them that is elected
either Knight or Burges can give his voice to an
other nor his consent nor dissent by proxie. The
more parte of them that be present onely maketh the
consent or dissent. After the bill hath beene twise
reade, and then engrossed and eftsoones reade and dis-
puted on ynough as is thought : the speaker asketh
if they will goe to the question. And if they agree
he holdeth the bill up in his hande and sayeth, as
many as will have this bill goe forwarde, which is
concerning such a matter, say yea. Then they which
allowe the bill crie yea, and as many as will not, say
no : as the crie of yea or no is bigger, so the bill
is allowed or dashed. If it be a doubt which crie is
the bigger, they divide the house, the speaker saying,
as many as doe alowe the bill goe downe with the
bill, and as many as do not sitte still. So they divide
themselves, and being so divided they are numbred
who make the more part, and so the bill doeth speede.
It chaunceth sometime that some part of the bil is
allowed, some other part hath much contrariety and
doubt made of it : and it is thought if it were amended
it would goe forwarde. Then they chuse certaine
committees of them who have spoken with the bil and
56
ANGLORUM LIB. 2.
against it to amende it, and bring it in againe so amended,
as they amongest them shall thinke meete : and this
is before it is engrossed, yea and some time after.
But the agreement of these committees is no prejudice
to the house. For at the last question they will
either accept it or dash it as it shall seeme good,
notwithstanding that whatsoever the committees have
doone.
Thus no bill is an act of Parliament, ordinaunce,
or edict of law, untill both the houses severallie have
agreed unto it, after the order aforesaide, no nor then
neither. But the last day of that Parliament or session
the Prince commeth in person in his Parliament robes,
and sitteth in his state : all the upper house sitteth
about the Prince in their states and order in their
robes. The speaker with all the common house com-
meth to the barre, and there after thankes given first
in the Lordes name by the Chaunceller &c. and in
the commons name by the speaker to the Prince, for
that hee hath so great care of the good governement
of his people, and for calling them together to advise
of such thinges as should be for the reformation,
establishing and ornament of the common wealth : the
Chaunceller in the Princes name giveth thankes to
the Lords and commons for their paines and travailes
taken, which he saith the Prince will remember and
recompence when time and occasion shall serve, and
that he for his part is ready to declare his pleasure
concerning their proceedings, whereby the same may
have perfect life and accomplishment by his princelie
authoritie, and so have the whole consent of the
Realme. Then one reades the title of everie act which
hath passed at that session, but only in this fashion :
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An act concerning such a thing &c. It is marked
there what the Prince doth allowe, and to such he
sayth : Le roy or la royne le veult. And those be taken
nowe as perfect lawes and ordinances of the Realme
of Englande and none other, and as shortlie as may
be put in print, except it be some private cause or lawe
made for the benefit or prejudice of some private man,
which the Romans were wont to call privilegia.
These be onelie exemplified under the seale of the
Parliament, and for the most part not printed. To
those which the Prince liketh not, he answereth, Le
roy or la royne saduisera, and those be accounted utterly
dashed and of no effect.
This is the order and forme of the highest and
most authenticall court of Englande, by vertue whereof
all those things be established whereof I spake before,
and no other meanes accounted vailable to make any
new forfaiture of life, member, or landes of any
English man, where there was no lawe ordayned for
it before. Nowe let us speake of the saide partes
when they be severall.
Of the Monarch King or Queene
of Englande.
Chap. 3.
THe Prince whom I nowe call (as I have often
before) the Monarch of Englande, King or
Queene, hath absolutelie in his power the authoritie
of warre and peace, to defie what Prince it shall please
him, and to bid him warre, and againe to reconcile
58
ANGLORUM LIB. 2.
himselfe and enter into league or truce with him at
his pleasure or the advice onely of his privie counsell.
His privie counsell be chosen also at the Princes
pleasure out of the nobilitie or baronie, and of the
Knightes, and Esquiers, such and so many as he shal
thinke good, who doth consult daily, or when neede
is of the weightie matters of the Realme, to give
therein to their Prince the best advice they can. The
Prince doth participate to them all, or so many" of
them, as he shall thinke good, such legations and
messages as come from forren Princes, such letters or
occurrentes as be sent to himselfe or to his secretaries,
and keepeth so many ambassades and letters sent unto
him secret as he will, although these have a particular
oth of a counceller touching faith and secrets ad-
ministred unto them when they be first admitted into
that companie. So that heerein the kingdome of
Englande is farre more absolute than either the duke-
dome of Venice is, or the kingdome of the Lacede-
monians was. In warre time, and in the field the
Prince hath also absolute power, so that his worde
is a law, he may put to death, or to other bodilie
punishment, whom he shall thinke so to deserve,
without processe of lawe or forme of judgement. This
hath beene sometime used within the Realme before
any open warre in sodden insurrections and rebellions,
but that not allowed of wise and grave men, who in
that their judgement had consideration of the conse-
quence and example, asmuch as of the present necessitie,
especiallie, when by anie meanes the punishment
might have beene doone by order of lawe. This
absolute power is called marciall lawe, and ever was
and necessarilie must be used in all campes and hostes
59
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of men, where the time nor place do suffer the
tariance of pleading and processe, be it never so
short, and the important necessitie requireth speedie
execution, that with more awe the souldier might
be kept in more straight obedience, without which
never captaine can doe anie thing vaileable in the
warres.
The prince useth also absolute power in crying
and decreeing the mony of the realme by his pro-
clamation onely. The mony is alwayes stamped with
the princes image and title. The forme, fashion,
maner, weight, finenesse, and basenesse therof, is at
the discretion of the prince. For whom should the
people trust more in that matter than their prince,
seeing the coine is only to certifie the goodnes of the
mettall and the weight, which is affirmed by the
princes image and marke? But if the prince will
deceave them and give them copper for silver or golde,
or enhaunce his coyne more than it is worth, he is
deceaved himselfe, aswell as he doth goe about to
deceave his subjectes. For in the same sort they pay
the prince his rentes and customes. And in time
they will make him pay rateably or more for meate,
drinke and victualles for him and his, and for their
labour : which experience doth teach us nowe in our
dayes to be doone in all regions. For there ever hath
beene, and ever wil be a certaine proportion betweene
the scarcity and plentie of other thinges, with gold and
silver, as I have declared more at large in my booke of
monie. For all other measures and weightes, aswell
of drie thinges as of wet, they have accustomed to be
established or altered by the Parliament, and not by
the princes proclamation only.
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. ANGLORUM LIB. 2.
The prince useth also to dispence with lawes made,
whereas equitie requireth a moderation to be had, and
with paynes for transgression of lawes, where the
payne of the lawe is applyed onely to the prince. But
where the forfaite (as in popular actions it chaunceth
many times) is part to the prince, the other part to
the declarator, detector or informer, there the prince
doth dispence for his owne part onely. Where the
criminall action is intended by inquisition (that maner
is called with us at the princes suite) the prince giveth
absolution or pardon : yet with a clause, modo stet rectus
in curia, that is to say, that no man object against the
offendor. Whereby notwithstanding that he hath the
princes pardon if the person offended will take uppon
him the accusation (which in our language is called
the appeale) in cases where it lieth, the princes pardon
doth not serve the offendor.
The prince giveth all the chiefe and highest offices
or magistracies of the realme, be it of judgement or
dignitie, temporall or spirituall, and hath the temhes
and first fruites of all Ecclesiasticall promotions, ex-
cept in the Universities and certaine Colledges which
be exempt.
All writtes, executions and commaundementes be
done in the princes name. We doe say in England
the life and member of the kinges subjectes are the
kinges onely, that is to say no man hath hault nor
moyenne justice but the king, nor can hold plea thereof.
And therefore all those pleas, which touche the life
or the mutilation of man, be called pleas of the
crowne, nor can be doone in the name of any inferior
person than he or shee that holdeth the crowne of
Englande. And likewise no man can give pardon
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thereof but the prince onely : Although in times past
there were certaine countie Palatines, as Chester,
Durham, Elie, which were hault justicers, and writtes
went in their name, and also some Lorde marchers
of Wales, which claymed like priviledge. All these
are nowe worne away. The supreme justice is done
vin the kinges name, and by his authoritie onely.
The Prince hath the wardshippe and first mariage
of all those that hold landes of him in chiefe. And
also the governement of all fooles naturall, or such
as be made by adventure of sicknes, and so continue,
if they be landed. This being once graunted by act
of Parliament (although some inconvenience hath
beene thought to grow thereof, and sith that time
it hath beene thought verie unreasonable) yet once
annexed to the crowne who ought to go about to
take the clubbe out of Hercules hand. And being
governed justly and rightly, I see not so much in-
convenience in it, as some men would make of it :
diverse other rights and preeminences the prince hath
which be called prerogatives royalles, or the prerogative
of the king, which be declared particularly in the
bookes of the common lawes of England.
To be short the prince is the life, the head, and
the authoritie of all thinges that be doone in the
realme of England. And to no prince is doone more
honor and reverence than to the King and Queene
of Englande, no man speaketh to the prince nor
serveth at the table but in adoration and kneeling,
all persons of the realme be bareheaded before him :
insomuch that in the chamber of presence where
the cloath of estate is set, no man dare walke, yea
though the prince be not there, no man dare tarrie
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ANGLORUM LIB. 2.
there but bareheaded. This is understood of the sub-
jectes of the realme : For all strangers be suffered there
and in all places to use the maner of their countrie,
such is the civilitie of our nation.
The chiefe pointes wherein one common
wealth doth differ from an other.
Chap. 4.
NOw that we have spoken of the parliament
(which is the whole universall and generall
consent and authoritie aswell of the prince as of the
nobilitie and commons, that is to say, of the whole
head and bodie of the realme of England) and also
of the prince, (which is the head, life and governor
of this common wealth) : there remaineth to shewe,
how this head doth distribute his authoritie and power
to the rest of the members for the government of his
realme, and the_ common wealth of the politique bodie
of England. And whereas all common wealthes and
governmentes be most occupyed, and be most diverse
in the fashion of five thinges: in making of lawes
and ordinaunces, for their owne goverment : in
making of battell and peace, or truce with forraine
nations: in providing of mony for the maintenance
of themselves, within themselves, and defence of them-
selves against their enemies: in choosing and election
of the chiefe officers and magistrates : and fiftly in the
administration of justice. The first and third we have
shewed is doone by the prince in parliament. The
seconde and fourth by the prince himselfe. I The fift
remaineth to be declared.
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Of the three maners and formes of trialles
or judgementes in England.
Chap. 5.
~P) Y order and usage of Englande there is three
JL/ wayes and maners, whereby absolute and de-
finite judgement is given, by parliament which is the
highest and most absolute, by battle and by the great
assise.
Triall or judgement by parliament.
Chap. 6.
s r I ^He matter of giving judgement by parliament
JL betweene private and private man, or betweene
the prince and any private man, be it in matters
criminall or civill, for land or for heritage doth not
differ from thorder which I have prescribed, but it pro-
ceedeth by bill thrise read in ech house and assented
to as I have saide before, and at the last day confirmed
and allowed by the prince. Howbeit such bils be
seeldome receaved, because that great counsell being
enough occupyed with the publique affaires of the
realme, will not gladly intermedle it selfe with private
quarels and questions.
Triall of judgement by battle.
Chap. 7.
'T""sHis is at this present not much used, partly
JL because of long time the Pope and the cleargie
to whom in times past we were much subject, alwayes
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ANGLORUM LIB. 2.
cryed against it as a thing damnable and unlawful,
and partly because in all common wealthes (as to the
tongue) so to the maners, fashions, habits, yea and
kindes of trials and judgmentes, and to all other
thinges that is therein used, time and space of yeares
bringeth a chaunge. But I could not yet learne that
it was ever abrogated. So that it remaineth in force,
whensoever it be demanded. The maner of it is
described in Briton. /
The triall by assise or xij. men, & first of the
three partes which be necessary in judgement.
Chap. 8.
THe two first judgementes be absolute supreme
and without appeale, and so is also the judge-
ment by the great assise. And because our manner
of judgementes in England is in many thinges different
from the fashion used either in Fraunce, or in Italie,
or in any other place where the Emperors lawes and
constitutions (called the civill lawes) be put in use,
it will be necessarie here to make a litle digression,
to the intent, that that which shalbe said hereafter
may be better understood. All pursuites and actions
(we call them in our English tongue pleas) and in
barbarous (but now usuall) latine placita, taking that
name abusive of the definitive sentence, which may well
be called placitum or dpecTov. The French useth the
same calling in their language, the sentence of their
judges areste or arest: in which wordes notwith-
standing after their custome they do not sounde the j,
but we call placitum the action not the sentence, and
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placitare barbarouslie, or to pleade in englishe, agere or
litigare. Now in all judgements necessarily being two
parties, the first we call the impleader, suiter, de-
maunder or demaundaunt and plaintiffe: In criminall
causes if he professe to be an accuser, we call him
appellant or appellour, and so accusation we call
appeale. The other we call the defendant and in
criminall causes prisoner, for he cannot aunswere in
causes criminall before he do render himselfe or be
rendred prisoner.
"Judex is of us called Judge, but our fashion is so
diverse that they which give the deadly stroke, and
either condemne or acquite the man for guiltie or not
guiltie, are not called Judges but the xij. men. And
the same order aswell is in civill matters and pecuni-
arie, as in matters criminall.
Of pleas or actions.
Chap. 9.
PLeas or actions criminall be in English called
pleas of the crowne, which be all those which
tende to take away a mans life or any member of
him, for his evill deserving against the prince and
common wealth.
And this name is given not without a cause. For
taking this for a principle that the life and member
of an Englishman is in the power onely of the prince
and his lawes, when any of his subjectes is spoyled
either of life or member, the prince is endammaged
thereby, and hath good cause to aske accompt, how
his subjectes should come to that mischiefe. And
againe for so much as the prince who governeth the
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ANGLORUM LIB. 2.
scepter, and holdeth the crowne of Englande hath
this in his care and charge, to see the realme well
governed, the life, members and possessions of his
subjectes kept in peace and assuraunce: he that by
violence shall attempt to breake that peace and assur-
aunce, hath forfeited against the scepter and crowne
of England: and therfore not without a cause in all
inquisitions and inditementes, if any be found by the
xij. men to have offended in that behalfe, streight the
prince is saide to be partie, and he that shall speake
for the prisoner shall be rebuked, as speaking against
the prince. Neverthelesse it is never defended, but
the prisoner and partie defendant in any cause may
alleadge for him, al the reasons, meanes and defences
that he can, and shall be peaceablie hearde and quietlie :
But in those pleas and pursuites of the crowne, pro-
curer or advocate he gettes none, which in civill and
pecuniarie matters (be it for land, rent, right, or pos-
session, although he plead against the prince himselfe)
is never denied. /
Pleas civill be either personall or reall, personall as \
contractes or for injuries: reall be either possessorie
to aske, or to keepe the possession, or in rem, which
we cal a writte of right. For that which in the civill
lawe is called actio or formula , we call a writ in English :
so the Greekes called it worde for word <ypa<f>r), and in
our barbarous latine we name it breve.
And as the olde Romanes had their actions some
ex jure civili, and some ex jure prcetorio^ and ordinarily
pr<etor dab at act tones & formulas actionum : so in
Englande we retaine still this, and have some writtes
out of the chauncerie, other out of the common place
or the kings bench.
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Of the chiefe Tribunals, benches or
courtes of Englande.
Chap. io.
IN times past (as may appeare to him that shall
with judgement reade the histories and antiquities
of England) the courtes and benches followed the
king and his court wheresoever he went, especially
shortly after the conquest. Which thing being found
very cumbersome, paineful and chargeable to the
people, it was agreed by parliament, that there shoulde
be a standing place where judgement should be given.
And it hath long time beene used in Westminster hall,
which king William Rufus builded for the hall of his
owne house. In that hal be ordinarily seene 3. Tri-
bunals or Judges seates. At the entrie on the right
hande, the common place, where civill matters are
to be pleaded, specially such as touch landes or con-
tractes. At the upper ende of the hall, on the right
hand, the kinges bench, where pleas of the crowne
have their place. And on the left hande sitteth the
Chauncelor accompanyed with the master of the
Roules, who in latine may be called custos archivorum
regis, and certaine men learned in the civill lawe called
Masters of the chauncerie, in latine they may be
named Assessores.
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ANGLORUM LIB. 2.
Of the times of pleading called termes, &
of the Chauncelor and chauncerie.
Chap. ii.
TWo things may be moved in question here, how
all Englande (being so long and so large, and
having so many shyres and provinces therein) can be
answered of justice in one place, and in 3. benches
be they never so great? An other (whereas the
kinges bench is exercised in criminall causes and in
all pleas of the crowne, and the common place in all
civill causes, reall and personall) what place then hath
the chauncerie?
The first question will seeme more marvelous and
have more occasion of doubt, when I shall also tell
that the lawe is not open at all times, no not the
third part of the yeare. But where all other cities
and common wealthes had all the yeare pleas, suites,
and judgementes. except for certaine holy daies and
harvest and vintage, or when for some urgent cause
the lawe was commaunded to be stopped, which is
called Justitium: Contrarie in ours, it is but fewe times
open. That is onely foure times in the yeare which
they call termes. After Michaelmas about ten daies,
during five or sixe weekes at the least. After Christ-
mas about a moneth, enduring by the space of three
weekes. Then from xvii. dayes after Easter by the
space of three weekes and odde dayes. Likewise from
the sixt or seventh day after Trinitie Sunday, during
two weekes and odde daies. All the rest of the yeare
there is no pleading, entring nor pursuing of actions.
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This small time, and all that but in one place may
seeme verie injurious to the people, who must be faine
to suffer much wrong for lacke of Justice and of place
and time to pleade : but unto that heereafter I entende
to answere more fully, and in the meane while that
shall suffice which the wise Cato aunswered to one
who mooved that the pleading place in Rome might
be covered over with canvas as their theaters were,
to the intent that the plaintifes and defendauntes that
were there might plead their matters more at ease,
and not be in so much danger of their health by the
heate of the sunne striking full and open upon their
heades, which was no smal griefe and disease, specially
at Rome. Nay (saith Cato) for my part I had rather
wish that all the waies to the place of pleading were
cast over with galthrops, that the feete of such as love
so well pleading, should feele so much, paine of those
prickes in going thither as their heades doe of the sunne
in tarrying there : he ment that they were but idle,
whot heades, busie bodies, and troublesome men in the
common wealth that did so nourish pleading : good
labourers and quiet men could bee content to ende their
matters at home by judgement of their neighbours
and kinsfolke without spending so their money upon
procurers and advocates whom we call attornies, coun-
selled, Sergeantes, and generallie men of lawe. Those
he accounted profitable citizens, who attende their
honest labour and businesse at home, and not stande
waiting and gaping uppon their rolles and processe in
the lawe : as for the other by his judgement, it was
S no matter what mischiefe they suffered. To the other
question of the chancerie, this I answere : That our
lawe which is called of us the common lawe as ye
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ANGLORUM LIB. 2.
would say "Jus civile, is and standeth upon a/cptySo-
Si/cais, that is Jus summum : and their maximees be
taken so straitlie that they may not depart from the
tenour of the wordes even as the olde civill lawe was.
And therefore as that lacked the helpe of a Preetor
(which might moderari Mud jus summum, give actions
where none was, mitigate the exactnesse and rigour
of the lawe written, give exceptions, as metus, doli
mali, minoris cetatis, Cffc. for remedies, and maintaine
alwaies cequum & bonum :) the same order and rancke
holdeth our chauncerie, and the chauncellor hath the
verie authoritie heerein as had the Prater in the olde
civill law before the time of the Emperours. So he
that putteth up his bill in the chauncerie, after that
he hath declared the mischiefe wherein he is, hath
releefe as in the solemne forum. And for so much
as in this case hee is without remedie in the common
lawe, therefore he requireth the chauncellor according
to equitie and reason to provide for him and to take
such order as to good conscience shall appertaine. And
the court of the chauncerie is called of the common
people the court of conscience, because that the chaun-
cellor is not strained by rigour or forme of wordes of
lawe to judge but ex aquo and bono, and according
to conscience as I have said. And in this court the
usuall and proper forme of pleading of Englande is
not used, but the forme of pleading by writing,
which is used in other countries according to the
civill lawe : and the tryall is not by xii. men, but by
the examination of witnesse as in other courtes of
the civil lawe. /
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Of Judges in the common lawe of
England, and the manner of tryall
and pleading there.
Chap. 12.
THe Prince out of the numbers of those who have
beene Counsellers or Sergeants at the law,
which be those who in latin are called causidici or
advocati, chooseth two of the most approoved for
learning, age, discretion, and exercise, of whom the
one is called chiefe Justice of the Kings bench, or
simply chiefe Justice, the other chiefe Justice of the
common place, and others to the number of sixe or
more, which have each an ordinarie fee or stipend of
the Prince.
These doe sit at such daies as be terme, which may
be called Dies legitimi juridici or fasti, in their distinct
places as I have said before. There they heare the
pleading of all matters which doe come before them :
and in civill matters where the pleading is for money
or land or possession, part by writing, and part by
declaration and altercation of the advocates the one
with thother, it doeth so proceede before them till it
doe come to the issue, which the latines doe call
statum causa, I doe not meane contestationem litis, but as
the Rhetoritians doe call statum, we doe most properly
call it the issue, for there is the place where the
debate and strife remaineth (as a water held in a
close and darke vessel issueth out, is voided and
emptied) and no where else : that stroke well striken
is the departing of all the quarelles. Issues or status
in our lawe bee ordinarily two, facti and juris.
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ANGLORUM LIB. 2.
Of the two manner of issues.
Chap. 13.
IF the question be of the la we, that is if both the
parties doe agree upon the fact, and each doe
claime that by lawe he ought to have it, and will
still in that sort maintaine their right, then it is called
a demurrer in lawe: where if in the lawe the case
seeme to the Judges that sitte doubtfull, it is called
a checkerchamber case, and all the Judges will meete
together, and what they shall pronounce to be the
lawe, that is helde for right, and the other partie
looseth his action or lande for ever. If the Sergeants
or counsellors doe stand upon anie point in the law
which is not so doubtfull, the Judges who be taken
for most experte biddes him goe forwarde : and if he
hath no other to say but standeth uppon that point of
the lawe, that bidding goe forwarde is taken that he
looseth his action, and the defendant is licensed to
depart without a day : and this is where the issue or
question is of the lawe or Juris. So is that case
where the lawe is not doubtfull according to the
matter contayned in the declaration, answere, repli-
cation, rejoinder or triplication, the Judge out of hande
decideth it. And it is the manner that each partie must
agree to the other stil in the fact which he cannot
denie. For if he once come to denie any deede as
not doone, not his writing, that the man by whome
the adversarie claimeth was not the adversaries aun-
cestor, or the evidence which his adversarie bringeth
is not true, or that his gift was former, or any such
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like exception which is vaileable to abate the action or
barre the partie : and the other joyneth in the affirma-
tive and will averre and prove the same, this is called
the issue, and immediatly all question of the lawe
ceaseth as agreed by both the parties, that there is
no question in the lawe. Then as that issue facti is
founde by the xij men of whom wee shall speake
heareafter, so the one partie or other looseth his cause
and action : so that contrarie to the maner of the civill
lawe where first the fact is examined by witnesses,
indices, tormentes and such like probations to finde
out the truth thereof, and that doone the advocats
doe dispute of the lawe to make of it what they can :
saying, ex facto jus oritur : heere the Sergeantes or
counsellers before the Judges doe in passing forewarde
Vith their pleading determine and agree upon the lawe,
and for the most part and in manner all actions as
well criminal as civill, come to the issue and state
of some fact which is denied of the one partie, and
averred of the other : which fact being tried by the
xij men as they find, so the action is wonne or lost.
/ And /if a man have many peremptorie exceptions
(peremptorie exceptions I call onely those which can
make the state and issue) because the xij men be
commonly rude and ignorant, the partie shalbe com-
pelled to choose one exception whereupon to founde
his issue, which chosen if he faile in that by the
verdite of xij men, he looseth his action and cause,
and the rest can serve him for nothing.
Having seene both in France and other places
manie devises, edictes and ordinaunces howe to abridge
proces and to finde howe that long suites in law
might be made shorter: I have not perceived nor
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ANGLORUM LIB. 2.
reade as yet so wise, so just, and so well devised
a meane found out as this by any man among us
in Europe.
Trueth it is that where this fashion hath not
beene used and to them to whom it is newe, it will
not be so easily understood, and therfore they may
peradventure be of contrarie judgement : but the more
they doe weigh and consider it, the more reasonable
they shall finde it.
Howe the issue, question or status juris is decided,
I have tolde : now I will shewe howe it is tryed when
it doth come to the question, state or issue of the
deede or fact. And first I must speake more largely
of the manner of proceeding in the processe, and
of such persons as be necessary for the execution
thereof.
Of the sherife of the shire, and of the
court of exchequer.
Chap. 14.
THe Romans had to execute the commaunde-
mentes of the magistrates Lictores, viatoresy
accensos. The civill lawe sith that time hath other
names, termes, and officers. The execution of the
commaundementes of the magistrates in England is
ordinarily doone by the sherifes. The sherife (which
is as much to say as the Reeve or Bayly of the shire)
is properly word for word Questor provinc'ue : it is he
which gathereth uppe and accompteth for the profittes
of the shire, that come to the exchequer. The ex-
chequer (which is fiscus principisy or ararium publicum^
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and I cannot tell in what language it is called Scac-
carium, some thinks that it was first called statarium,
because that there was the stable place to account for
the revenues of the crowne, aswell that which came
of the patrimony which we cal the demeasnes: as
that which commeth of other incident acquisitions be
they rentes, customes, tenthes, quinziesmes, taxes, sub-
sidies, wheresoever the Prince or his court be according
to the time and occasion) was a place stable, continual
and appointed for to recken and account. The hearers
of the account (who in latin may be called tribuni
esrarij) have auditors under them which the Latines
doe call Rationales : but they are the chiefe for the
accounts of the Prince, and may be called Juridici
rationales^ in English we cal them Barons of the
exchequer, whereof is one who is called the chiefe
Baron, as Tribunus or Juridicus rationalis primus or
princeps. The chiefe of all is called high treasurer
of Englande, as you would say in latin Supremus cerarij
anglici qucestor^ or Tribunus cerarius maximus. In this
court be heard Quadruplatores (which we call pro-
moters) which be those that in popular and penall
action be delatoresy having thereby part of the profit
by the lawe assigned. In this court if anie question
be, it is determined after the order of the common
lawe of Englande by the xij men as I have saide : and
all customers which were in latin called publicarij
in Greeke TeXdSvai, do account in this office. The
Sherife of the shire is called in our common latin
Vicecomes, as one would say vicarius comitis or procomes^
doing that service to attende upon the execution of
the commaundementes of the Tribunalles or Judges
which the Earle or countie should doe, which Earle or
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ANGLORUM LIB. 2.
Countey for the most part was attending uppon the
Prince in the warres or otherwise about the Prince
as the worde beareth, comes principis : whereby it may
appeare that the chief office of the Countie or Earle
was to see the kinges Justice to have course and to be
well executed in the shire or Countie, and the Princes
revenues well answered and brought in ararium prin-
cipisy which is called of us the treasurie.
If any fines or amerciaments, which in latin be
called multtte, be levied in anie of the saide courtes
upon any man, or any arrerages of accountes by the
latins called reliqua^ of such thinges as is of customes,
taxes, subsidies or any other such occasions, the same
the sherife of the shire doth gather and is respondent
therefore in the exchequer. As for other ordinarie
rentes of patrimoniall landes and most commonly for
the taxes, customes, and subsidies, there be particular
receivers and collectors which doe answere it into the
exchequer. The sherife hath under him an under
sherife at his charge and appointment learned somewhat
in the law, especially if he be not learned himselfe,
and divers bailifes which be called errantes, whom he
maketh at his pleasure, who can knowe ech lande and
person in the shire, and their abilitie to goe uppon
enquestes, either to distreine or to summon him to
appeare whom the sherife shal appoint, and for this
cause to the sherifes as to the minister most proper of
the lawe the writtes be directed.
When any thing commeth to an issue of the deede
or fact, there is a writ or writing directed to the
sherife of the shire where the lande is, whereupon the
controversie is, or where the man dwelleth of whome
the money is demaunded, which writ is called venire
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facias. Then after the same effect an alias, pluries or
distringas according to the nature of the action to the
returne of the sherife. And if for any disobedience of
not comming and appearing there be a fine (which the
latins doe call Multta) set upon any iurors head, the
sherife is charged with it, and taketh the distresses
which in latin be called Pignora, and answereth there-
fore to the exchequer. The sherife also is readie by
himselfe or by his undersherife to serve aswell the
Justices of peace in their quarter sessions as the Justices
called Itinerantes in their great assises, when they come
into the shire, which is twise in the yeare, to dispatch
and voide actions criminall and civil depending at the
common law, and which be come nowe to the issue.
He hath also the charge of all the prisoners committed
to the prison which we call the gaole, and when any
is condemned to die, it is his charge to see the sentence
executed. To be short, he is as it were the generall
minister and highest for execution of such commaunde-
mentes according to the lawe as the Judges do ordaine,
and this is ynough for the sherife.
Of the xij. men.
Chap. 15.
f\ F what manner and order of men in the common
V— / welth the xij men be I have alreadie declared.
The sherife alwaies warneth xxiiij to appeare, least
peradventure any might be sicke or have a just cause
of absence : and if there be not enowe to make an
enquest, the absentes be amersed. For although they
be called xij men as a man would say duodecim viri,
yet if they be xvj, xx or the whole number of xxiv, that
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ANGLORUM LIB. 2.
is no matter, xij they must be at the least to make an
enquest or as some call it a quest. An enquest or
quest is called this lawefull kinde of tryall by xij men.
In actions civill which is either of contractes or for
lande or possession when so many of those which be
warned appeare at the call as be able to make an en-
quest, which as I saide before be no lesse then xii, either
part when they be come taketh their chalenges against
so many of them as they will, which be that he may
not spende so much lande a yeare, he is alied, feed, or
servant to his adverse partie, he is his enemie &c. And
two of the whole number doe trie and allowe or dis-
allowe the rest. If after exceptions there be so many
rejected that there is not a full enquest, in some cases
that day is lost, in some the enquest is filled ex circum-
stantibus : when the quest is ful, they be sworne to
declare the truth of that issue according to the evi-
dence and their conscience. Then the Sergeantes of
either side declare the issue, and each for his client
sayth as much as he can. Evidences of writinges be
shewed, witnesses be sworne, and heard before them,
not after the fashion of the civill law but openly, that
not only the xii, but the Judges, the parties and as
many as be present may heare what ech witnesse doeth
say : The adverse partie or his advocates which wee
call counsellers and sergeants interrogateth sometime
the witnesses, and driveth them out of countenance.
Although this may seeme strange to our civillians
nowe, yet who readeth Cicero and Quintillian well
shall see that there was no other order and maner of
examining witnesses or deposing among the Romans
in their time. When it is thought that it is enough
pleaded before them, and the witnesses have saide what
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they can, one of the Judges with a briefe and pithie
recapitulation reciteth to the xii in summe the argu-
mentes of the sergeantes of either side, that which the
witnesses have declared, and the chiefe pointes of the
evidence shewed in writing, and once againe putteth
them in minde of the issue, and sometime giveth it
them in writing, delivering to them the evidence which
is shewed on either part, if any be, (evidence heere is
called writings of contractes autentical after the man-
ner of England, that is to say, written, sealed and
delivered) and biddeth them goe together. Then there
is a baylife charged with them to keepe them in a
chamber not farre off without bread, drinke, light, or
fire untill they be agreed, that is, till they all agree
upon one verdite concerning the same issue, and
uppon one among them who shall speake for them all
when they be agreed: for it goeth not by the most
part, but each man must agree. They returne and in
so fewe wordes as may be they give their determina-
tion : fewe I call vi or vii or viii wordes at the most
(for commonly the issue is brought so narrow, that
such number of words may be ynough to affirme or to
denie it) which doone they are dismissed to goe
whither they will. The partie with whom they have
given their sentence, giveth the enquest their dinner
that day most commonly, and this is all that they have
for their labour, notwithstanding that they come some
xx some xxx or xl miles or more, to the place where
they give their verdite all, the rest is of their owne
charge. And necessarilie all the whole xii must be of
the shire and iiii of them of the hundred where the
lande lyeth which is in controversie, or where the
partie dwelleth who is the defendant.
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ANGLORUM LIB. 2.
Of parties of Shires called hundreds,
lathes, rapes, wapentakes.
Chap. 16.
AN hundred, or lath, rape, or wapentake be called of
J~ \. the divisions or partes of shires in divers countries
diversly named after the manner and language of each
countrey. For the shires be divided some into x. xii.
xiii. xvi. xx. or xxx. hundreds, more or lesse, either that
they were at the first C. townes and villages in eche
hundred : and although now they be but xvi. xx. xxx.
xl. 1. lx. more or lesse, yet it is still called an hundred,
or else there were but so many at the first as be nowe,
or a fewe more or lesse, and they did finde the king to
his warres an hundred able men. Lath, and rape I
take to be names of service, for that so many townes
in old time, and in the first povertie of the Realme
did meete together in one day to carrie the Lordes
come into his barne, which is called in olde English
a Lath. Or that they mette at commaundement of
the Lorde to reape his corne.
Wapentake I suppose came of the Danes or per-
adventure of the Saxons. For that so manie townes
came by their orders then, to one place, where was
taken a mouster of their armour and weapons, in which
place from them that could not finde sufficient pledges
for their good abearing, their weapons were taken
away: weapen or wapen in olde English doe signifie
all armes offensive, as sworde, dagger, spear, launce,
bill, bowes, arrowes.
Of the place where the monsters were taken or
where the saide services were doone, the hundreds,
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Lathes, Rapes, and wapentakes had and have yet their
names, which be most commonly good townes, and it
is to be thought at the first they were all such. But
sometime nowe in places whereof the hundred hath
the name, no mention nor memorie of a towne re-
maineth, such mutation time bringeth with it of all
thinges. A hundred hath one or two high Constables,
who hath some authoritie over all the lower, and
particular Constables. Those high Constables bee
made by the Justices of the peace of the shire, and
each hundred hath his baylife, who is made by the
Lorde if any hath that libertie, or else by the sherife
of the shire for the time being.
Of the court Baron.
Chap. 17.
/ T T may appeare strange that of xxxvi shires, whereof
A each shire is divided into divers hundreds, each
hundred containing diverse parishes, all pleading should
be but in one place, that is in Westminster hall, and
that but in certaine times of the yeare, making little
more than one quarter of the yeare in the whole.
And one would thinke that there should be much lacke
of Justice and right, and much wrong taken without
redresse. But it is not so: The people being accus-
tomed to live in such an equalitie of Justice, and that
in such sort that the rich hath no more advantage
therein than the poore, the proces, and proceedinges to
the judgement being so short, and judgementes also
v^ being peremptorie and without appellation : Yet to
helpe for small matters, where no great summe is in
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ANGLORUM LIB. 2.
question there are other courtes. In everie shire from s
three weekes to three weekes the sherife for small
thinges not passing xl. s. and in certaine hundreds and
liberties the baylie likewise from three weekes to three
weekes holdeth plea. And whosoever is possessioner
and owner of a mannor, may holde from three weekes
to three weekes, or at his pleasure of his tennantes and
amongest his tennantes a court called a court Baron.
And there his tennantes being sworne make a Jurie
which is not called the enquest, but the homage.
These principallie doe enquire of the copie holders,
and other free holders that be dead sith the last court,
and bring in their heires, and next successours, and
likewise of incrochment or intrusion of anie of the
tennantes against the Lorde, or among themselves.
They make orders and lawes amongest themselves,
the paine of them if they be after broken, commeth
to the Lorde. And if anie small matter be in con-
troversie, it is put to them, and commonly they doe
ende it. But these courtes doe serve rather for men
that can be content to be ordered by their neighbours,
and which love their quiet and profit in their hus-
bandrie, more than to be busie in the lawe. For
whether partie soever will, may procure a writte out
of the higher court to remoove the plea to West-
minster. '
In cities and other great townes there be diverse
liberties to holde plea for a bigger summe, which doe
determine aswell as the common lawe, and after the
same manner, and yet for them that will, it may be
remooved to Westminster hall.
King Henrie the eight ordained first a president,
Counsellers and Judges, one for the marches of Wales,
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at Ludlowe, or else where : an other for the north
parts of Englande at Yorke, where be manie causes
determined. These two are as be Parliaments in
Fraunce. But yet if there be anie matter of great
consequence, the partie may moove it at the first, or
remoove it afterwardes to Westminster hall, and to the
ordinarie Judges of the Realme, or to the Chaunceller,
as the matter is.
These two courtes doe heare matters before them,
part after the common lawe of Englande, and part
after the fashion of the chauncerie.
Of the Leete or lawe day.
Chap. 18.
T Eete or law day is not incident to everie mannor,
1 — j but to those onely which by special graunt,
or long prescription have such libertie. This was as
it may appeare first a speciall trust and confidence and
commission given to a fewe put in trust by the Prince,
as is nowe to the Justices of peace, to see men sworne
to the Prince, to take pledges and suerties in that maner
of one for an other to answere for obedience and truth,
to enquire of privie conspiracies, fraies, murders, and
bloudsheddes, and to this was added the oversight of
bread and ale, and other measures. Many times they
that be out of the homage and court Baron of that
mannor and Lordship, be nevertheless astreined and
answerable to come to the Leete. This Leete is ordi-
narily kept but twise in the yeare, and that at termes
and times prescribed.
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ANGLORUM LIB. 2.
The Leete or Lawe day is all one, and betokeneth
worde for worde, legittimum or iuridicum diem. Lawe
the olde Saxons called /ant or /agy and so by corruption
and chaunging of language from Lant to Leete, under-
standing day. They which keepe our full english
terme, call it yet lawe day.
Of the proceedinges of causes cri-
minall, and first of the Justices
of the Peace.
Chap. 19.
BEfore the maner of proceeding in causes crimi-
nall can be well understood, it will be necessarie
to speake of three persons, the Justices of peace, the
Coroners, and the Constables. The Justices of peace
be men elected out of the nobilitie, higher and lower,
that is the Dukes, Marquises, Barons, Knightes, Es-
quiers, and Gentlemen, and of such as be learned in
the lawes, such and in such number as the Prince
shall thinke meete, and in whome for wisedome and
discretion he putteth his trust, inhabitantes within the
countie: saving that some of the high nobilitie and
chiefe magistrates for honors sake are put in all, or
in the most of the commissions of all the shires of
England. These have no time of their rule limited
but by commission from the Prince alterable at pleasure.
At the first they were but iiij, after viij, nowe they
come commonly to xxx or xl in everie shire, either by
increase of riches, learning, or activitie in policie and
governement. So manie more beeing founde, which
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have either will, or power, or both, are not too manie
to handle the affaires of the common wealth in this
behalfe. Of these in the same commission be certaine
named, which be called of the Quorum, in whome is
especiall trust reposed, that where the commission is
given to xl or xxx, and so at the last it commeth to
iiij or three, it is necessarie for the performance of
many affaires to have likewise diverse of the Quorum.
The wordes of the commission be such, Quorum vos
A B. CD. E F. vnum esse volumus.
f The Justices of the peace be those in whom at
this time for the repressing of robbers, theeves, and
vagabunds, of privie complots and conspiracies, of riotes,
and violences, and all other misdemeanors in the com-
mon wealth, the Prince putteth his special trust. Each
of them hath authoritie upon complaint to him made
of any theft, robberie, manslaughter, murder, violence,
complotes, riottes, unlawefull games, or any such dis-
turbance of the peace, and quiet of the Realme, to
commit the persons whom he supposeth offendors, to
the prison, and to charge the Constable or sherife to
bring them thither, the gaoler to receave them and
keepe them till he and his fellowes doe meete. A fewe
lines signed with his hande is ynough for that purpose :
these doe meete foure times in the yeere, that is, in
each quarter once, to enquire of all the misdemeanors
aforesaide : at which daies the sherife, or his undersherife
with his baylifes be there to attende uppon him, who
must prepare against that time fower enquestes of xxiiij
yeomen a peece of diverse hundredes in the shire, and
besides one which is called the great enquest out of
the bodie of the shire mingled with all. These five
enquests are sworne before them to enquire of all
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ANGLORUM LIB. 2.
heretiques, traitors, theftes, murders, manslaughters,
rapes, false moniers, extortioners, riottes, routes, forcible
entries, unlawefull games, and all such thinges as be
contrarie to the peace and good order of the Realme,
and to bring in their verdict. If they among themselves
upon their owne knowledge doe finde any culpable,
they cause one of the clerkes to make the bill. And
if any be there to complaine uppon any man for these
faults, he putteth in his bil, which bil is presented
first to the Justices sitting upon the bench, to see if it
be conceived in forme of lawe, which doone the com-
plainant doth deliver it to one of these enquests, and
after the complainant is sworne, he declareth to them
what he can, for the profe of it. And if they finde
it true they do nothing but write on the backeside of
it, billa vera, as ye would say, scriptum verum : or accu-
satio iusta, or reus est qui accusatur : Then he who is
there named is called indicted.
If they do not finde it true, they write on the
backside ignoramus, and so deliver it to the Justices of
whome it is rent into peeces immediatly : he that is
indicted is accounted a lawefull prisoner, and after
that time looked more streitly unto. For this indite-
ment is no conviction : and if he be indicted, and be
not alreadie in prison, the sherife if he can finde him,
bringeth him into prison : if he cannot finde him,
proces is made out against him, to render himselfe
prisoner, or else hee shalbe outlawed. So he is called
three times in diverse countie daies to render himselfe
to the lawe. The fourth is called the exigent, by
which he is outlawed not rendring himselfe, as ye
would say : exaftus or actus in exilium. The outlawe
looseth all his goods to the King for his disobedience.
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But if after he wil render himselfe to answere to the
lawe, and shewe some reasonable cause of his absence,
manie times of grace his outlawerie is pardoned. These
meetinges of the Justices of peace foure times in the
yeare, be called quarter sessions or sessions of enquirie,
because that nothing is there determined touching the
malefactors, but onely the custodie of them : and this
kinde of proceeding which is by inquisition of the xij
men within themselves, and their owne consciences,
or by denunciation of him that putteth in his bill to
the xij, is called at the kings suite, and the king is
reckoned the one partie, and the prisoner the other.
The Justices of the peace doe meete also at other
times by commandement of the Prince upon suspition
of warre, to take order for the safetie of the shire,
sometimes to take musters of harnes and able men,
and sometime to take orders for the excessive wages
of servaunts and labourers, for excesse of apparell, for
unlawefull games, for conventicles and evill orders in
alehouses, and tavernes, for punishment of idle and
vagabund persons, and generally as I have saide, for
the good governement of the shire, the Prince putteth
his confidence in them. And commonly every yeare,
or each seconde yeare in the beginning of summer
or afterwardes, (for in the warme time the people for
the most part be more unrulie) even in the calme time
of peace, the Prince with his counsell chooseth out
certaine articles out of penall lawes alreadie made for
to represse the pride and evill rule of the popular, and
sendeth them downe to the Justices, willing them to
looke upon those pointes, and after they have mette
together and consulted among themselves, howe to
order that matter most wisely and circumspectly,
ANGLORUM LIB. 2.
whereby the people might be kept in good order and
obedience after the lawe, they divide themselves by
three or foure : and so each in his quarter taketh order
for the execution of the saide articles. And then
within certaine space they meete againe and certifie
the Prince or his privie counsell how they do finde the
shire in rule and order touching those pointes and all
other disorders. There was never in any common
wealth divised a more wise, a more dulce and gentle,
nor a more certaine way to rule the people, whereby
they are kept alwaies as it were in a bridle of good
order, and sooner looked unto that they should not
offend, than punished when they have offended. For
seeing the chiefe amongst them, their rulers to have
this speciall charge and doe call upon it, and if occasion
so doe present, one or two presently either punished or
sent to prison for disobedience to those olde orders and
lawes, they take a feare within themselves, they amende
and doe promise more amendment. So that it is as
a newe forbushing of the good lawes of the realme,
and a continuall repressing of disorders, which doe
naturally rest among men. But as the invention of
this, and the use and execution thereof is the most
benefitte that can be devised for the common wealth of
Englande : So when it shalbe misused, dissembled
with, or be contemned, and be doone pro forma tantum,
and as they terme it in Fraunce par mainere d'acquit
onely, it will be the present ruine (though not at the
first apperceiued) of the common wealth. Of which
the fault may be as well in the commaunders for not
making good choice what and howe they commaunde,
as in the commaunded, for not executing that which is
commaunded.
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Of hue and crie and recognisaunce
taking uppon them that may
give evidence.
Chap. 20.
BY the olde lawe of Englande if any theft, or
robberie be doone, if he that is robbed, or he that
seeth or perceiveth that any man is robbed doe levie
hue and crie, that is to say, doe call and crie for aide,
and say that a theft or robberie is doone contrarie to
the Princes peace and assurance : The Constable of
the village to whom he doth come, and so make that
crie, ought to raise the parish to aide him and seeke the
theefe, and if the theefe be not founde in that parish, to
go to the next and raise that Constable, and so still by
the Constables and them of the parish one after an
other. This hue and crie from parish to parish is
caried, till the theefe or robber be founde. That
parish which doeth not his dutie, but letteth by their
negligence the theefe to depart, doth not onely paie a
fine to the king, but must repaie to the partie robbed
his dammages. So that everie English man is a sergiant
to take the theefe, and who sheweth himselfe negligent
therein, doth not only incur evill opinion therefore, but
hardly shall escape punishment : what is doone with
the theefe or robber when he is taken, I shall shewe
you hereafter. The same manner is followed if anie
man bee slaine, for streight the murtherer is pursued of
everie man till he be taken. So soone as any is brought
to the Justices of peace by this hue or crie, by the
Constable or anie other who doth pursue the male-
factor, he doeth examine the malefactor, and writeth
90
ANGLORUM LIB. 2.
the examination and his confession : then he doth
binde the partie that is robbed or him that sueth, and
the Constable, and so manie as can give evidence
against the malefactor to be at the next sessions of gaole
deliverie to give their evidence for the Queene. He
bindeth them in recognisance of x.l'. xx.l\ xxx.l'. xl.l'.
or C. P. according to his discretion, and the qualitie of
the crime : which certified under his hande, is levied
upon the recognizance if they faile of being there.
Of the Coroner.
Chap. 21.
BUt if anie man, woman, or child, be violently
slaine, the murtherer not knowen, no man ought
or dare burie the bodie before the Coroner hath seene it.
The Coroner is one chosen by the Prince of the
meaner sort of gentlemen, and for the most part a man
seene in the lawes of the Realme to execute that office.
And if the person slaine, (slaine I cal here, whosoever
he be, man, woman, or childe that violently commeth
to his death, whether it be by knife, poyson, cord,
drowning, burning, suffocation, or otherwise, be it by
his owne fault or default, or by any other) if (I say)
the person slaine be buried before the Coroner doe
come (which for the most part men dare not doe) he
doeth cause the bodie to be taken up againe, and to be
searched, and upon the sight of the bodie so violently
come to his death, he doth empanell an enquest of xij
men or mo, of those which come next by, be they
strangers or inhabitantes, which upon their othes, and
by the sight or viewe of the bodie, and by such informa-
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tions as they can take, must search howe the person
slaine came to his death, and by whome as the doer or
causer thereof. These are not inclosed into a streit
place, (as I tolde before of other enquestes) but are
suffered to goe at large, and take a day, sometime after
xx or xxx daies, more or lesse, as the fact is more
evident, or more kept close, to give their evidence, at
which day they must appeare there againe before the
saide Coroner to give their verdict. So sometime the
person slaine himselfe, sometime the brother, the hus-
bande, the wife, the sister, some of acquaintance or
stranger, such as God wil have reveiled, be taken. For
whosoever they doe finde as guiltie of the murder, he is
streight committed to prison, and this is against him in
the nature of an inditement, which is not a full con-
demnation, as ye shall see heereafter.
The empanelling of this enquest, and the viewe of
the bodie, and the giving of the verdict, is commonly in
the streete in an open place, and in Corona populi : but
I take rather that this name commeth because that the
death of everie subject by violence is accounted to touch
the crowne of the Prince, and to be a detriment unto
it, the Prince accounting that his strength, power, and
crowne doth stande and consist in the force of his
people, and the maintenaunce of them in securitie and
peace.
Of the Constables.
Chap. 22.
THese men are called in the elder bookes of our
lawes of the Realme custodes pads, and were at
the first in greater reputation than they be nowe. It
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ANGLORUM LIB. 2.
may appeare that there was a credit given unto them
not altogether unlike to that which is now given to
the Justices of peace. To this day if any affraie
chaunce to be made, the Constables ought and will
charge them that be at debate to keepe the Princes
peace : and whosoever refuseth to obey the Constable
therein, all the people will set streight upon him, and
by force make him to render himself to be ordered.
Likewise if any be suspected of theft, or receiving, or
of murther, or of manslaughter, the Constable may
take such persons, yea enter into any mans house with
sufficient power to search for such men till he finde
them : and if hee see cause keepe the suspected persons
in the stockes, or custodie, til he bring them before
a Justice of the peace to be examined. But for so
much as everie litle village hath commonly two Con-
stables, and many times artificers, labourers and men of
small abilitie be chosen unto that office, who have no
great experience, nor knowledge, nor authoritie, the
Constables at this present (although this they may do
uppon their owne authoritie) yet they seeme rather to
be as it were the executors of the commaundement of
the Justices of peace. For the Justice of peace as soon '
as he understandeth by complaint that any man hath
stolen, robbed, slaine, or any servant or labourer with-
out licence hath departed out of his maisters service, or
any that liveth idle and suspectly, knowing once in
what parish he is, he writeth to the Constable of the
parish, commanding him in the Princes name to bring
that man before him : the Constable dareth not dis-
obey. The man is brought and examined by the
Justice, and if the Justice doe finde cause, hee com-
mitteth him to the same Constable to convey him
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further to the Princes gaole, where the partie must
lie till the Justices of peace doe meete either at their
quarter sessions, or at their gaole deliverie, and that the
lawe hath either condemned or acquited him. These
Constables are called in some places headborowes, in
some places tithingmen, and be like to them, who are
called Consuls in manie townes and villages in Fraunce.
The Constables are commonlie made and sworne at
the Leetes of the Lordes, chosen thereto by the
homage, and they keepe that office sometime ij. iij or
iiij yeare, more or lesse, as the parish doth agree.
What headborow doth betoken it is easily knowen, our
language doth declare him as the head or chiefe of the
borowe or village : likewise tithing man is the cheife of
the tithing. Constable seemeth to me to come of our
olde English word kinnyng, which is Kinnyngstab/e, as
ye would say a man established by the king, for such
thinges as appertaineth to pleas of the crowne and
conservation of the Kings peace, and as I saide at the
first were in some more reputation, approching to
that authoritie which the Justices of peace nowe doth
holde.
Of the sessions of gaole deliverie, and
the definitive proceedinges in
causes criminall.
Chap. 23.
HOwe theeves and murtherers and other male-
factors against the crowne and the peace are
taken and brought into holde to answere to iustice,
partly by hue and crie, partly by information, and
partly by the diligence of the Justices of peace and the
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ANGLORUM LIB. 2.
Constables, and howe that at the quarter sessions they
be indicted, or else by the Coroners yee have hearde
before. Enditement (as yee may perceive by that\<
which is also gone before) is but a former judgement
of xij men which be called enquirers, and no definitive
sentence, but that which in latin is called prtsjudicium,
it doeth but shewe what opinion the countrey hath
of the malefactor : and therefore commonly men be
indicted absent, not called to it, nor knowing of it.
For though a man be endicted, yet if when he come to
the arainemenf, there be no man to pursue further, nor
no evidence of witnesse or other triall and indices
against him, he is without difficultie acquited. No man
that is once indicted can be delivered without araine-
ment. For as xij have given a prejudice against him,
so xij againe must acquite or condemne him. But if
the prisoner be not indicted, but sent to prison upon
some suspition or suspitious behaviour, and none doe
pursue him to the enditement, first being proclaimed
thus, A. B. prisoner standeth heere at the barre, if any
man can say any thing against him, let him now
speake, for the prisoner standeth at his deliveraunce : if
no man doe then come, hee is delivered without any
further proces or trouble, agreeing first with the gaoler
for his fees. And these be called acquited by pro-
clamation. Twise everie yeare the one is commonly
in lent what time there is vacation from pleading in
Westminster hall, the other is in the vacation in
summer. The Prince doth sende downe into everie
shire of Englande certaine of his Judges of Westminster
hall, and some Seargeantes at the lawe with commission
to heare and determine joyntly with the Justices of the
peace all matters criminall and all prisoners which be
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in the gaoles. These Judges doe goe from shire to
shire till they have doone their circuit of so manie
shires as be appointed to them for that yeare : at the
ende of the terme going before their circuit it is written
and set up in Westminster hall on what day and in
what place they will be. That day there meeteth all
the Justices of the peace of that shire, the sherife of
that shire, who for that time beareth their charges, and
asketh after allowance for it in the Exchequer. The
sherife hath readie for criminall causes (as I writ before
at the sessions of inquire) iiij. v. or vj. enquestes readie
warned to appeare that day to serve the Prince, and so
manie more as he is commaunded to have readie to go
in civill matters betwixt private men, which they call
Nisi prius, because that worde is in the writ.
In the towne house, or in some open or common
place, there is a tribunall or place of judgement made
aloft upon the highest bench, there sitteth the two
Judges which be sent downe in Commission in the
midst. Next them on eche side, sitteth the Justices
of peace, according to their estate and degree. On a
lower bench before them, the rest of the Justices of
the peace, and some other gentlemen or their clarkes.
Before these Judges and Justices, there is a table set
beneath, at which sitteth the Custos rotulorum, or keeper
of writtes, Thexchetor, the undershirife, and such
clarkes as doe write. At the end of that table, there
is a barre made with a space for thenquestes and xij
men to come in when they are called, behind that
space another barre, and there stand the prisoners which
be brought thither by the gaoler all chained one to
another. Then the cryer crieth, and commaundeth
silence. One of the Judges briefely telleth the cause of
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ANGLORUM LIB. 2.
their comming, and giveth a good lesson to the people.
Then the prisoners are called for by name, and bidden
to aunswere to their names. And when the Custos
rotulorum hath brought forth their enditements, the
Judges do name one or two or three of the prisoners
that are endicted, whom they will have arraigned.
There the clarke speaketh first to one of the prisoners :
A. B. come to the barre, hold up thy hand. The
clarke goeth on : A. B. thou by the name of A. B. of
such a towne, in such a countie, art endicted, that such
a day, in such a place, thou hast stolen with force and
armes an horse, which was such ones, of such a colour,
to such a valor, and carried him away feloniouslie, and
contrarie to the peace of our soveraigne Ladie the
Queene. What sayest thou to it, art thou guiltie or
not guiltie ? If he will not aunswere, or not aunswere
directly guiltie or not guiltie, after he hath beene once
or twise so interrogated, he is judged mute, that is
dumme by contumacie, and his condemnation is to be
pressed to death, which is one of the cruellest deathes
that may be : he is layd upon a table, and an other
uppon him, and so much weight of stones or lead laide
uppon that table, while as his bodie be crushed, and his
life by that violence taken from him. This death some
strong and stout hearted man doth choose, for being
not condemned of felonie, his bloud is not corrupted,
his lands nor goods confiscate to the Prince, which in
all cases of felonie are commonly lost from him and
his heires, if he be forejudged, that is condemned for a
felon by the lawe. If he confesse the enditement to
be true, then when he is arraigned, no xii. men goeth
upon him, there resteth but the Judges sentence, of the
paine of death.
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If he pleade not guiltie, as commonly all theeves,
robbers, and murtherers doe, though they have con-
fessed the fact before the Justice of the peace that
examined them, though they be taken with the maner,
which in Latine they call in flagranti crimine, howe-
soever it be, if he pleade there not guiltie, the Clarke
asketh him howe he will be tryed, and telleth him he
must saie, by God and the Countrie, for these be the
words formall of this triall after Inditement, and where
the Prince is partie : if the prisoner doe say so, I will
be tryed by God and the Countrie, then the Clarke
replyeth, Thou hast beene endicted of such a crime,
&c. Thou hast pleaded not guiltie : being asked how
thou wilt be tryed, thou hast aunswered by God and
by the Countrie. Loe these honest men that be come
here, be in the place and stead of the Countrie : and if
thou hast any thing to say to any of them, looke upon
them well and nowe speake, for thou standest upon thy
life and death. Then calleth he in the first Juror.
B. C. come to the booke, and so giveth him an othe to
goe uprightlie betwixt the Prince and the prisoner, &c.
If the prisoner objecteth nothing against him, he calleth
an other, and so an other, till there be xii. or above :
and for the most part the prisoner can say nothing
against them, for they are chosen but for that day, and
are unknowen to him, nor they know not him, as I
said being substantial yeomen, that dwell about the
place, or at the least in the hundred, or neere where
the felonie is supposed to be committed, men acquainted
with daily labour and travaile, and not with such idle
persons, as be readie to doe such mischiefes.
When the enquest is full, and the prisoner hath
objected nothing against them, as in deede seldome he
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ANGLORUM LIB. 2.
doeth, for the cause above rehearsed : The clarke saith
to the cryer, countes, (in French as ye would say recken)
and so nameth all those that be on the quest. The
crier at everie name cryeth aloude, one, then ii. iii. iiii.
and so till the number be full of xii. or more, and then
saith good men and true : and then sayth aloude : If
any can give evidence, or can saie any thing against the
prisoner, let him come nowe, for he standeth upon his
deliverance. If no man come in, then the Judge asketh
who sent him to prison, who is commonly one of the
Justices of peace. He if he be there delivereth up the
examination which he tooke of him, and underneath
the names of those whom he hath bound to give evi-
dence, although the malefactor hath confessed the crime
to the Justice of the peace, and that appeare by his
hande and confirmation, the xij. men will acquite the
prisoner, but they which should give evidence pay their
recognizaunce. Howbeit this doth seldome chaunce,
except it be in small matters, and where the Justices of
peace, who sent the prisoner to the gaole, is away. If
they which be bound to give evidence come in, first is
read the examination, which the Justice of peace doeth
give in : then is heard (if he be there) the man robbed
what he can say, being first sworne to say trueth, and
after the Constable, and as many as were at the appre-
hension of the malefactor : and so many as can say
any thing being sworn one after an other to say truth.
These be set in such a place as they may see the Judges
and the Justices, the enquest and the prisoner, and
heare them, and be heard of them all. The Judge
first after they be sworne, asketh first the partie robbed,
if he knowe the prisoner, and biddeth him looke upon
him : he saith yea, the prisoner sometime saith nay.
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The partie pursuivaunt giveth good ensignes verbi
gratia, I knowe thee well ynough, thou robbedst me in
such a place, thou beatest mee, thou tookest my horse
from mee, and my purse, thou hadst then such a coate
and such a man in thy companie : the theefe will say
no, and so they stand a while in altercation, then he
telleth al that he can say : after him likewise all those
who were at the apprehension of the prisoner, or who
can give any indices or tokens which we call in our
language evidence against the malefactor. When the
Judge hath heard them say inough, he asketh if they
can say any more : if they say no, then he turneth his
speeche to the enquest. Good men (saith he) ye of the
enquest, ye have heard what these men say against the
prisoner, you have also heard what the prisoner can say
for himselfe, have an eye to your othe, and to your
duetie, and doe that which God shall put in your mindes
to the discharge of your consciences, and marke well
what is saide. Thus sometime with one enquest is
passed to the number of ij. or iij. prisoners : For if they
should be charged with more, the inquest will say, my
Lord, we pray you charge us with no more, it is
ynough for our memorie. Many times they are charged
but with one or two. At their departing, they have in
writing nothing given them, but the enditement, the
clarke repeating to them the effect of it, and shewing
more, that if they flnde him guiltie, they shall enquire
what goods, lands, and tenements, the saide person
had at the time of the felonie committed : and if they
finde any, they shal bring it in : if no, they shal say so.
If they finde him, not guiltie, they shall enquire whether
he fled for the felonie or no.
And there is a bailife to waite upon them, and to
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ANGLORUM LIB. 2.
see that no man doe speake with them, and that they
have neither bread, drinke, meate, ne fire brought to
them, but there to remaine in a chamber together till
they agree. If they be in doubt of any thing that is
saide, or would heare againe some of them that give
evidence to interrogate them more at full, or if any
that can give evidence come late : it is permitted that
any that is sworne to say the trueth, may be interro-
gated of them to enforme their consciences. This is
to be understood although it will seeme straunge to all
nations that doe use the civill Lawe of the Romane
Emperours, that for life and death there is nothing put
in writing but the enditement onely. All the rest is
doone openlie in the presence of the Judges, the
Justices, the enquest, the prisoner, and so manie as will
or can come so neare as to heare it, and all depositions
and witnesses given aloude, that all men may heare
from the mouth of the depositors and witnesses what is
saide. As of this, so is it of all other prisoners after the
same sort. By that time that the enquests for the
prisoners be dispatched, it is commonlie dinner time, the
Judges and Justices goe to dinner, and after dinner
returne to the same place : if the enquest be not readie
for the prisoners, they goe to some other enquests of
nisi prius, which be civill matters and private to drive
out the time. The enquestes have no sooner agreed
upon their charge one way or other, but they tell the
Bailife, and pray to be heard, and considering that
they be themselves all this while as prisoners as I saide
before, it is no marvell, though they make expedition.
The prisoners be sent for againe to the barre, the
enquest which hath agreed, is called for eche one of the
Jurie by his name, to which he answereth. Then the
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clarke asketh if they be agreed, and who shall speake
for them. One or moe saith yea. He that speaketh
for them all is called the foreman, and commonlie it is
he that is first sworne : then the prisoner is bidden to
holde up his hande. The clarke saith unto him, Thou
art endicted by the name of A. of such a place, &c.
being therefore arraigned thou pleadest thereto not
guiltie, being asked howe thou would be tryed, thou
saydst by God and thy countrie. These honest men
were given to thee by God and thy Prince for thy
Countrey : Hearken what they say. Then he asketh
of the enquest, what say you ? Is he guiltie or not
guiltie ? The foreman maketh aunswere in one worde,
guiltie, or in two, not guiltie : the one is deadlie, the
other acquiteth the prisoner. So that neither Judge
nor Justice hath to doe, or can reverse, alter or chaunge
that matter, if they say guiltie. The clarke asketh
what landes, tenements, or goods, the prisoner had at
the time of the felonie committed, or at any time after.
Commonlie it is aunswered that they knowe not, nor
it shall not greatly neede, for the Sherife is diligent
enough to enquire of that, for the Princes and his owne
advantage, and so is the excheator also.
Of him whom the xij. men pronounce guiltie, the
Judge asketh what he can say for himself : if he can
reade,he demaundeth his Clergie. For in many felonies,
as in theft of oxen, sheepe, money, or other such
things, which be no open robberies, by the high way
side, nor assaulting one by night in his house, putting
him that is there in feare, such is the favour of our
Lawe, that for the first fault the felon shalbe admitted
to his Clergie, for which purpose the Bishop must send
one with authoritie under his seale to be Judge in that
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ANGLORUM LIB. 2.
matter at everie gaole deliverie. If the condemned
man demandeth to be admitted to his booke, the Judge
commonly giveth him a Psalter, and turneth to what
place he will. The prisoner readeth as well as he
can (God knoweth sometime very slenderly :) then he
asketh of the Bishops commissarie, legit ut clericus ?
The commissarie must say legit or non legit, for these be
wordes formall, and our men of Lawe be verie precise
in their words formall. If he say legit y the Judge
proceedeth no further to sentence of death : if he say
non, the Judge forthwith, or the next day proceedeth
to sentence, which is doone by word of mouth onelie:^
Thou A. hast beene endicted of such a felonie and
thereof arraigned, thou hast pleaded not guiltie, and put
thy selfe upon God and thy Countrie, they have found
thee guiltie, thou hast nothing to say for thy selfe, the
Lawe is, thou shalt first returne to the place from
whence thou earnest, from thence thou shalt goe to the
place of execution, there thou shalt hang till thou be
dead. Then he saith to the Sherife, Sherife doe
execution : he that claimeth his Clergie, is burned
foorthwith in the presence of the Judges in the brawne
of his hand with a hot yron marked with the letter
T. for a theefe, or M. for a mansleer, in cases where
Clergie is admitted, and is delivered to the Bishops
officer to be kept in the Bishops prison, from whence
after a certaine time by an other enquest of Clarkes he
is delivered and let at large : but if he be taken and
condemned the second time, and his marke espied, he
goeth to hanging. He whom the enquest pronounceth
not guiltie is acquitted foorthwith and discharged of
prison, paying the gaolers fees : and if he knowe any
private man who purchased his inditement, and is able
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to pursue it, he may have an action of conspiracie
against him, and a large amendes : but that case
chaunceth seldome.
Certaine orders peculiar to England,
touching punishment of malefadtors.
Chap. 24.
FOr any felonie, manslaughter, robberie, murther,
rape, and such capitall crimes as touch not treason
and Icesam maiestatem, we have by the Lawe of Eng-
land no other punishment, but to hang till they be
dead : when they be dead, everie man may burie them
that will, as commonly they be. Heading, tormenting,
demembring, either arme or legge, breaking upon the
wheele, empailing, and such cruell torments, as be
used in other nations by the order of their law, we
have not : and yet as few murthers committed as any
where : nor it is not in the Judges or the Justices
power, to aggravate or mitigate the punishment of the
Lawe, but in the Prince onely and his privie Counsell,
which is marvellous seldom done. Yet notable mur-
therers many times by the Princes commaundement,
after they be hanged with corde till they bee dead,
bee hanged with chaines while they rotte in the ayre.
If the wife kill her husbande, shee shall bee burned
alive. If the servaunt kill his master, hee shalbee
drawen on a hurdle to the place of execution : it is
called petit treason. Impoisoners, if the person die
thereof, by a new lawe made in King Henrie the
eights time shalbe boyled to death : but this mischiefe
is rare and almost unknowen in England. Attempting
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ANGLORUM LIB. 2.
to impoison a man, or laying await to kill a man,
though he wound him daungerously, yet if death followe
not, is no felony by the lawe of Englande, for the
Prince hath lost no man, and life ought to be given we
say, but for life only. And againe, when a man is
murdered, all be principals and shall die, even he that
doth but hold the candel to give light to the murderers.
For mitigation and moderation of paines, is but corrup-
tion of Judges, as we thinke. Likewise, torment or
question which is used by the order of the civill lawe
and custome of other countreis to put a malefactor to
excessive paine, to make him confesse of him selfe, or of
his felowes or complices, is not used in England, it is
taken for senile. For what can he serve the common
wealth after as a free man, who hath his bodie so haled
and tormented, if he be not found guiltie, and what
amends can be made him ? And if he must die, what
crueltie is it so to torment him before ? Likewise,
confession by torment is esteemed for nothing, for if
he confesse at the judgement, the tryall of the xii goeth
not upon him : If he denie the fact, that which he
saide before hindereth him not. The nature of English
men is to neglect death, to abide no torment : And
therefore he will confesse rather to have done any
thing, yea, to have killed his own father, than to suffer
torment, for death our nation doth not so much esteem
as a mean torment. In no place shal you see male-
factors go more constantly, more assuredly, and with
lesse lamentation to their death than in England.
Againe, the people not accustomed to see such cruell
torments, will pitie the person tormented, and abhorre
the Prince and the Judges, who should bring in such
crueltie amongst them, and the xij. men the rather
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absolve him. There is an olde lawe of England,
that if any gaoler shall put any prisoner being in his
custodie to any torment, to the intent to make him an
approver, that is to saie an accuser or Index of his com-
plices, the gaoler shall dye therefore as a felon. And
to say the trueth, to what purpose is it to use torment ?
For whether the malefactor confesse or no, and whatso-
ever he saith, if the enquest of xij. do find him guiltie, he
dyeth therefore without delaye. And the malefactour,
seeing there is no remedie, and that they be his countrie
men, and such as he hath himselfe agreed unto it, do
finde them worthie death, yeeldes for the most part unto
it, and doeth not repine, but doth accommodate him
selfe to aske mercie of God. The nature of our nation
is free, stout, haulte, prodigall of life and bloud : but
contumelie, beatings, servitude and servile torment and
punishment it will not abide. So in this nature and
fashion, our auncient Princes and legislators have
nourished them, as to make them stout hearted, coura-
gious and souldiers, not villaines and slaves, and that
is the scope almost of all our policie. The xij. as soone
as they have given their verdict are dismissed to goe
whither they will, and have no manner commoditie and
profit of their labour and verdict, but onely do service
to the Prince and common wealth.
Of Treason, & the trial which is used
for the higher nobilitie and Barons.
Chap. 25.
THe same order touching trial by enquest of xij
men is taken in Treason, but the paine is more
cruell. First to be hanged, taken downe alive, his bowels
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ANGLORUM LIB. 2.
taken out and burned before his face, then to be
beheaded, and quartered, and those set up in diverse
places. If anie Duke, Marques, or any other of the
degree of a Baron, or above, Lord of the Parliament be
appeached of treason, or any other capitall crime, he is
judged by his peeres and equals : that is, the yeomanrie
doth not go upon him, but an enquest of the Lordes of
the Parliament, and they give their voice, not one for
all, but eche severally as they do in Parliament,
beginning at the yongest Lord. And for Judge one
Lord sitteth, who is Constable of England for that day.
The judgement once given, he breaketh his staffe and
abdicateth his office. In the rest there is no difference
from that above written.
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THE THIRDE
Booke.
Of that which in other countries is called
appellation, or provocation, to amend the judgement
or sentence definitive, which is thought
unjustly given in causes criminall.
Chap. i.
IF the enquest of xii men do seeme to the Judges
and the Justices to have gon too violently against
the evidence given in matters criminall, either it is that
upon slender evidence they have pronounced him giltie,
whom the Judges and most part of the Justices thinkes
by the evidence not fullie prooved guiltie, or for some
other cause, do thinke the person rather worthie to
live than to die. The enquest is neverthelesse dismissed :
but when the Judges should pronounce the sentence
of death upon the person found guiltie, he will differ it,
which is called to reprive the prisoner (that is to say to
sende him againe to prison) and so declare the matter
to the Prince, and obtaineth after a time for the prisoner
his pardon : and as for provocation or appeale which is
used so much in other countries, it hath no place in
England, after sentence given by the xii, whereby the
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person is founde guiltie or not guiltie : but without that
repriving the sentence is streight put in execution by
the sherife. And if they either escape or die an other
death, the sherife escapeth not to paie a great fine and
ransom at the Princes mercie : if having pregnant
evidence neverthelesse the xii doe acquite the male-
factor, which they will doe sometime, and especially if
they perceive either one of the Justices, or of the
Judges, or some other man to pursue too much and too
malitiously the death of the prisoner, and doe suspect
some subornation of the witnesse, or them which doe
give evidence, and sometime if they perceive the Judge
would have the prisoner escape, and in repeating the
evidence doe give them thereof some watchworde. But-
if they doe as I have saide, pronounce not guiltie upon
the prisoner against whome manifest witnesse is brought
in, the prisoner escapeth : but the xii not onely be
rebuked by the Judges, but also threatned of punish-
ment, and many times commaunded to appeare in the
starrechamber, or before the privie counsell for the
matter. But this threatning chaunceth oftener than
the execution thereof, and the xii answere with most
gentle wordes, they did it according to their consciences,
and pray the Judges to be good unto them, they did as
they thought right, and as they accorded all, and so it
passeth away for the most part. Yet I have seene in
my time (but not in the raigne of the Queene nowe)
that an enquest for pronouncing one not guiltie of
treason contrarie to such evidence as was brought in,
were not onely imprisoned for a space, but an houge
fine set upon their heads, which they were faine to pay :
An other enquest for acquiting an other, beside paying
a fine of money, put to open ignominie and shame.
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But those doinges were even then of many accounted
verie violent, tyrannical, and contrarie to the libertie
and custome of the. realme of England. Wherefore
it commeth verie seldome in use, yet so much at a
time the enquest may be corrupted, that the Prince
may have cause with justice to punish them : For they
are men, and subject to corruption and parcialitie, as
v others be.
What remedie is, if the sentence be
thought unjustly given.
Chap. 2.
T N causes civill there is an other order : for if after
JL the matter be pleaded to the issue, and the xij men
thereupon impaneled, the evidence brought and pleaded
before them on both the parties, the xij seeme to be
parciall, and to have given sentence contrarie to the
evidence shewed unto them : the partie greeved may
bring against them, and the partie for whome the
sentence is given, a writ of attaint : and where as
before upon the first quest commonly they all be
yeomen, now uppon this attaint must go xxiiij gentle-
men dwelling within the shire, and xij at the least of
the hundreth where the lande lyeth. The matter is
pleaded againe before the same Judges. The partie
defendant is not onely nowe he, who claimeth the
lande, but also all and every of the yeomen, who by
their verdict did give it him. There must in the attaint
no more evidence be brought in, but onely that which
was brought in, and alledged before the first enquest.
And if this seconde enquest of xxiiij gentlemen do
adjudge as the first did, the plaintife shall not onely
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ANGLORUM LIB. 3.
lose the land, but also paie a fine to the Prince and
damages to the partie. If this seconde enquest do
finde that the first enquest hath gone parcially, and
against the evidence brought in before them, the first
enquest is called attainted, and accounted as perjured
and infamed. The Prince had before the waste of all
their lands and possessions with other punishments,
which at this present by a lawe made by parliament in
the time of king Henrie the eight is abolished, and
nowe by that law or act of parliament, beside other
punishment, eche of the quest attainted payeth unto
the Prince and partie v. li. if it be under fourtie
poundes : and if aboue, then xx. li. Attaints be verie
seldome put in use, partly because the gentlemen will
not meete to slaunder and deface the honest yeomen
their neighbours : so that of a long time, they had
rather paie a mean fine than to appeare and make the
enquest. And in the meane time they will intreat so
much as in them lyeth the parties to come to some
composition and agreement among them selves, as
lightly they do, except either the corruption of the
enquest be too evident, or the one partie is too obstinate
and headstrong. And if the gentlemen do appeare,
gladlyer they will confirme the first sentence, for the
causes which I have saide, than go against it. But if
the corruption be too much evident, they will not
sticke to attaint the first enquest : yet after the gentle-
men have attainted the yeomen, if before the sentence
be given by the Judge (which ordinarily for a time is
differred) the parties be agreed, or one of them be dead,
the attaint ceaseth. '
If at anie time before the sentence be given or put
fa) execution, there be found some such errour in the
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writ, in the proces, or forme (as our lawyers be verie
precise and curious of their formes) that it may be
revocable, it is brought afresh to the disputation by a
writ of errour, and all that is doone reversed. But that
is common to all other countries, where the civill law
is used, which they call de nullitate processus, and serveth
both in Englande and in other places aswell in causes
criminall, as civill. Other kinde of appellation to
revoke processes, and to make them of short, long, of
long, infinite, which is used by the civill lawe, we have
not in our common lawe of Englande. By supplication
to the Prince and complaint to the Chauncellor upon
supposall of losse or lacke of evidence, or too much
favour in the countrey, and power of the adversarie,
there is in our countrey as well as theirs both stopping
and prolongation of Justice. For what will not busie
heades and lovers of trouble never being satisfied invent
in any countrey to have their desire, which is to vex
their neighbours, and to live alwaies in disquiet ? Men
even permitted of God like flies, and lise, and other
vermine to disquiet them, who would imploie them-
selves upon better businesse and more necessarie for
the common wealth : these men are hated, and feared
of their neighbours, loved and aided of them which
gaine by proces, and waxe fatte by the expence and
trouble of other. But as these men ordinarily spende
their owne thrift, and make others against their wils to
spende theirs : so sometime being throughly knowen,
they do not onely live by the losse like evill husbandes,
but beside rebuke and shame, by the equitie of the
Prince and courtes soveraigne, they come to be extra-
ordinarily punished, both corporally, and by their purse,
which thing in my minde is as royall and princely an
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ANGLORUM LIB. 3.
act, and so beneficiall to the commonwealth, as in so
small a matter a King or a Queene can doe, for the
repose and good education of their subiectes.
Of that which in England is called ap-
peale, in other places accusation.
Chap. 3.
IF any man hath killed my father, my sonne, my
wife, my brother, or next kinsman, I have choice
to cause him to be endicted, by giving information to
the enquest of enquirie, (although he chaunce to escape
the Constable or Justices handes, and therefore not to
be apprehended) and thereupon to procure him to be
outlawed, or else within a yeere and a day I may enter
my appeale, that is mine accusation against him. If 1 1
begun first to pursue him by information or denuncia-
tion to enditement, I am nowe no partie but the
Prince, who for his duetie to God and his common
wealth and subjects, must see justice executed against
all malefactors and offenders against the peace, which is
called Gods and his, and doeth in such maner as I have
saide before. If I leave that and will appeale, which is
profer my accusation against him who hath doone to
me this injurie, the defendant hath this advauntage to
put himselfe to the Jurie, which is to that which before
is saide to have that issue and triall by God and his
countrie, whereof the fashion I have at large declared :
or to demaunde the triall by battle, wherein both the
parties must eyther themselves in person, or else finde
other for them, who be called in our Law Champions
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or Campions, some doeth interprete them d&krjTa^
because they be men chosen, fat, lustie, fit to the feate,
or as the Frenche doe terme them adroifls aux armes,
which shall fight it out by fj,ovofj,a%lay or as now they
doe call it duellum, or the campe, which shall have
all things equall : but according as Mars giveth the
victorie, so the Lawe is judged the one as peraSlus reus,
the other is calumniator to suffer the paine of death.
So that by the great assise there is no appellation but
death or life to the defendant, but this is more
daungerous and equall, for the one or the other must
die. So it is not in the grande assise, for the reus or
defendaunt is onely in daunger of death. Short it is
from day to sunne set, the quarell is ended, or sooner
who hath the better fortune. This seemeth very
militarie (as in maner all our policie of Englande) and
to have as small to doe with Lawyers as with Phisi-
tions, quicklie to dispatche, and for the rest to returne,
eche man to his businesse, to serve the common wealth
in his vocation. The Popes of Rome, and men of the
Church who of long time have had dominion in our
consciences, and would bring things to a more modera-
tion, have much detested this kinde of triall and judge-
ment, as reason is everie man misliketh that which
is not like to his education, and colde reasoning by
Theologie and Philosophic : they I say much mislike
many things doone necessarily in whot policie. At the
least a common wealth militarie must adventure many
things to keepe it in quiet, which cannot seeme so
precisely good to them which dispute thereof in the
shadowe and in their studies : Howsoever it be, this
kinde of triall of long time hath not beene used. So
that at this time we may rather seeke the experience of
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ANGLORUM LIB. 3.
it out of our histories of time passed, than of any viewe
or sight thereof, of them which are nowe alive. Never-
thelesse the Lawe remaineth still, and is not abolished,
and if it shall chaunce the murtherer or mansleer (the
one we call him that lyeth in waite, and as they terme
it in Frenche de guet appendaunt killeth the man, the
other who by casuall falling out and sodaine debate
and choller doeth the same which way soever it be
doone) if he that hath slaine the man, hath his pardon
of the prince, as occasion or the favour of the Prince
may so present, that he may have it, yet the partie
grieved hath these two remedies, I say to require justice
by grand assise, or battle upon his appeale and private
revenge, which is not denyed him. And if the de-
fendant either by great assise or by battle be convinced
upon that appeale, he shall die, notwithstanding the
Princes pardon. So much favourable our Princes be,
and the lawe of our Realme to justice and to the
punishment of blood violently shed.
Of the Court of Starre Chamber.
Chap. 4.
THere is yet in Englande an other court, of the
which that I can understand there is not the like
in any other Countrie. In the Terme time (the Terme
time as I have heretofore shewed, I call the time and
those daies when the Lawe is exercised in Westminster
hall, which as I have said is but at certaine times
and termes) every weeke once at the least, (which is
commonly on Fridaies, and Wednesdaies, and the
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next day after that the terme doeth ende,) the Lorde
Chauncellor, and the Lordes and other of the privie
Counsell, so many as will, and other Lordes and Barons
which be not of the Privie Counsell, and be in the
towne, and the Judges of England, specially the two
chiefe Judges, from ix. of the clocke till it be xj. doe
sit in a place which is called the starre chamber, either
because it is full of windowes, or because at the first all
the roofe thereof was decked with images of starres
. gilted. There is plaints heard of riots.^ Riot is called
in our English terme or speache, where any number is
assembled with force to doe any thing : and it had the
beginning, because that our being much accustomed
either in foreine wars, in Fraunce, Scotland, or Ireland,
or being overmuch exercised with civill warres within
the Realme (which is the fault that falleth ordinarily
amongest bellicous nations) whereby men of warre,
Captaines and souldiers become plentifull : which when
they have no externe service wherewith to occupie their
buisie heads and handes accustomed to fight and quarell,
must needes seeke quarels and contentions amongest
themselves, and become so readie to oppresse right
among their neighbours, as they were woont before
with praise of manhoode, to be in resisting iniurie
offered by their enemies. So that our nation used
hereunto, and upon that more insolent at home, and
not easie to be governed by Lawe and politike order,
men of power beginning many fraies, and the stronger
by factions and parties offering too much injurie to the
weaker, were occasions of making good Lawes. First
of reteiners, that no man should have above a number
in his Liverie or retinue : then of the enquirie of routs
and riots at everie Sessions, and of the lawe whereby it
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ANGLORUM LIB. 3.
is provided that if any by force or by riot enter upon
any possessions, the Justices of the peace shal assemble
themselves and remoove the force, and within certain
time enquire thereof. And further, because such things
are not commonlie done by meane men, but such as be
of power and force, and be not to be dealt withal of
everie man, nor of meane Gentlemen : if the riot be
found and certified to the Kings Counsell, or if other-
wise it be complained of, the partie is sent for, and he
must appeare in this starre chamber, where seeing
(except the presence of the Prince onely) as it were the
maiestie of the whole Realme before him, being never
so stoute, he will be abashed : and being called to
aunswere (as he must come of what degree soever he
be) he shall be so charged with such gravitie, with such
reason and remonstrance, and of those chiefe personages
of Englande, one after an other handeling him on that
sort, that what courage soever he hath, his heart will
fall to the grounde, and so much the more, when if he
make not his aunswere the better, as seldome he can so
in open violence, he shalbe commaunded to the Fleete,
where he shall be kept in prison in such sort as these
Judges shall appoint him, lie there till he be wearie
aswell of the restraint of his libertie, as of the great
expences, which he must there sustaine, and for a time
be forgotten, whiles after long suite of his friendes, he
will be glad to be ordered by reason. Sometime as his
deserts be, he payeth a great fine to the Prince, besides
great costs and dammages to the partie, and yet the
matter wherefore he attempteth this riot and violence
is remitted to the common lawe. For that is the effect
of this Court to bridle such stoute noble men, or Gentle-
men which would offer wrong by force to any manner
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men, and cannot be content to demaund or defend
the right by order of lawe. ,y This court began long
before, but tooke great augmentation and authoritie at
that time that Cardinall Wohey Archbishop of Yorke
was Chauncellor of Englande, who of some was
thought to have first devised the Court, because that
he after some intermission by negligence of time,
augmented the authoritie of it, which was at that time
marvellous necessary to doe, to represse the insolencie
of the noble men and gentlemen of the North partes
of Englande, who being farre from the King and the
seate of iustice made almost as it were an ordinarie
warre among themselves, and made their force their
Lawe, banding themselves with their tenaunts and
servaunts to doe or revenge injurie one against another
as they listed. This thing seemed not supportable to
the noble prince King Henrie the eight: and sending
for them one after another to his Court to aunswere
before the persons before named, after they had had
remonstrance shewed them of their evill demeanor,
and beene well disciplined as well by words as by
fleeting a while, and thereby their purse and courage
somwhat asswaged, they began to range themselves in
order, and to understand that they had a Prince who
would rule his subjects by his lawes and obedience.
Sith that time this court hath beene in more estimation,
and is continued to this day in manner as I have saide
before.
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ANGLORUM LIB. 3.
Of the Courts of Wards and Liveries.
Chap. 5.
E whom we call a ward in Englande, is called
H
in Latine pupillus, and in Greeke op<f>avo<;.
The gardian is called in Latine tutor, in Greek e7Ti-
T/307T09. A warde or infant is taken for a childe in
base age, whose father is dead. The Romanes made
two distinctions pupillum & minor em, the one to xiiij.
yere old, the other was accounted from thence to xxv.
And as pupillus had tutorem, so minor had curatorem
til he came to the age of xxv. These tutors or*
curators were accountable for the revenues of the
pupils minors lands, and great provision and many
lawes and orders is made for them in the bookes of
the civil Lawe, for rendering just and true accounts.
So that to be a gardian or tutor was accounted among
them to be a charge or trouble, a thing subject to
much encumbraunce and small profite, so that diverse
meanes were sought for, to excuse men from it. With
us this is cleane contrarie, for it is reckoned a profite
to have a warde. For the Lorde of whom the warde
doeth hold the lande, so soone as by the death of the
father the childe falleth warde unto him, he seaseth
upon the body of the wacd and his, landes, of which
(so that he doeth nourish the warde,) he taketh the
profite without accounts, and beside that offering to
his warde covenable mariage without dispergement
before the age of xxj. yeres if it be a man, of xiiij. if
it be a woman. If the ward refuse to take that
mariage, he or she must pay the value of the mariage,
which is commonly rated according to the profite of
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his landes. All this while I speake of that which is
called in French garde noble, that is of such as holde
lands of other, by knight service, for that is an other
kinde of service which we call in French gard returier,
we call it gard in socage, that is of such as doe not
holde by knight service, but by tenure of the plough.
This wardship falleth to him who is next of the kinne,
and cannot inherite the land of the warde as the uncle
by the mothers side, if the land doe discend by the
father, and of the fathers side, if the lande discend
by the mother. This gardian is accountable for the
revenues and profites of the lande, as the tutor by the
civill Lawe to the warde or pupill so soone as he is
^of full age.
The man is not out of wardshippe by our lawe
till xxj. yere olde, from thence he is reckoned of full
age, aswell as in the Romane lawes at xxv. The
woman at xiiij. is out of warde, for she may have an
husband able to doe knightes service say our bookes.
And because our wives be in the power (as I shall
tell you hereafter) of their husbands, it is no reason,
she should be in two diverse gards.
fS Many men doe esteeme this wardship by knightes
service verie unreasonable and unjust, and contrarie
to nature, that a Freeman and Gentleman should be
bought and solde like an horse or an oxe, and so change
gardians as masters and lordes : at whose governement
not onely his bodie but his landes and his houses should
be, to be wasted and spent without accounts, and
then to marie at the will of him, who is his naturall
Lorde, or his will who hath bought him, to such as
he like not peradventure, or else to pay so great a
ransome. This is the occasion they say, why many
1 20
ANGLORUM LIB. 3.
gentlemen be so evil brought up touching vertue and
learning, and but onely in deintinesse and pleasure :
and why they be maried very young and before they
bee wise, and many times do not greatly love their
wives. For when the father is dead, who hath the
natural care of his childe, not the mother, nor the
unclde, nor the next of kinne, who by all reason would
have most naturall care to the bringing up of the
infant and minor, but the Lorde of whom he holdeth
his land in knights service, be it the King or Queene,
Duke, Marquesse, or any other, hath the governement
of his bodie and mariage, or else who that bought him
at the first, second or thirde hande. The Prince as
having so many, must needes give or sell his wardes
away to other, and so he doeth. Other doe but seeke
which way they may make most advauntage of him,
as of an oxe or other beast. These all (say they,)
have no naturall care of the infant, but of their owne
gaine, and especially the buyer will not suffer his warde
to take any great paines, either in studie, or any other
hardenesse, least he should be sicke and die, before he
hath maried his daughter, sister or cousin, for whose
sake he bought him : and then all his money which
he paide for him should be lost. So he, who had a
father, which kept a good house, and had all things
in order to maintaine it, shall come to his owne, after
he is out of wardshippe, woods decayed, houses fallen
downe, stocke wasted and gone, land let foorth and
plowed to the baren, and to make amends, shall pay
yet one yeres rent for reliefe and sue ouster le maind,
beside other charges, so that not of manie yeres and
peradventure never he shall be able to recover, and
come to the estate where his father left it. This as
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it is thought was first graunted upon a great extremitie
to King Henrie the 3. for a time upon the warre
which he had with his Barons, and afterward in-
creased, and multiplied to more and more persons and
grievances, and will be the decay of the nobilitie and
libertie of England. Other againe say, the warde hath
no wrong. For eyther his father purchased the lande,
or it did discend unto him from his auncesters with this
charge. And because he holdeth by knightes service,
which is in armes and defence, seeing that by age he
cannot doe that whereto hee is bound by his lande,
it is reason he aunswere that profite to the Lorde,
whereby he may have as able a man to doe the service.
The first knights in Rome, those that were chosen
equites Romania had equum publicum on which they
served, and that was at the charge of widowes and
wards, as appeareth by Titus Livius, because that
those persons could not doe bodilie service to the
common wealth. Wherfore this is no newe thing,
but thought reasonable in that most wise common
wealth, and to the prudent King Servius Tullius. As
for the education of our common wealth, it was at
the first militaire, and almost in all things the scope
and deseigne thereof is militaire. Yet was it thought
most like, that noble men, good knights, and great
captaines would bring up their wards in their owne
feates and vertues, and then mary them into like rase
and stocke where they may finde and make friendes,
who can better looke to the education or better skill
of the bringing up of a gentleman, than he who for
his higher nobilitie hath such a one to holde of him
by knights service, or would doe it better than he that
looketh or may claime such service of his ward, when
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ANGLORUM LIB. 3.
age and yeres will make him able to doe it. That
which is saide that this manner of wardship began in
the time of King Henrie the 3. cannot seeme true.
For in Normandie and other places of Fraunce the
same order is.
And that statute made in King Henrie the thirds
time touching wards, to him that will wey it wel, may
seeme rather a qualification of that matter, and an
argument that the fashion of wardship was long before :
but of this matter an other time shall be more con-
venient to dispute. This may suffice to declare the
maner of it.
Of wives and manages.
Chap. 6.
THe wives in Englande be as I saide in potestate
maritorum, not that the husbande hath vita ac
necis potestatem, as the Romans had in the olde time of
their children, for that is onely in the power of the
Prince, and his lawes, as I have saide before, but that
whatsoever they have before mariage, as soone as
mariage is solemnished is their husbandes, I meane of
money, plate, juelles, cattaile, and generally all move-
ables. For as for lande and heritage followeth the
succession, and is ordered by the Lawe as I shall say
heereafter : and what soever they gette after mariage,
they get to their husbands. They neither can give nor
sell anie thing either of their husbandes, or their owne.
Theirs no moveable thing is by the law of England
constanti matrimonii), but as peculium servi aut filij fami-
lias : and yet in moveables at the death of her husbande
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she can claime nothing, but according as hee shall will
by his Testament, no more than his sonne can : all
the rest is in the disposition of the executors if he die
testate. Yet in London and other great cities they
have that lawe and custome, that when a man dieth,
his goods be divided into three partes. One thirde
is imployed uppon the buriall and the bequestes which
the testator maketh in his testament. An other thirde
part the wife hath as her right, and the thirde third
part is the dewe and right of his children, equally to
be divided among them. So that a man there can
make testament but of one thirde of his goods: if
he die intestate, the funerals deducted the goods be
equally divided betweene the wife and the children.
By the common lawe of Englande if a man die
intestate, the Ordinarie (which is the Bishoppe by
common intendment) sometime the Archdeacon, Dean,
or Prebendarie by priviledge and prescription, doeth
commit the administration of the goods to the widowe
or the child, or next kinsman of the dead, appointing
out portions to such as naturally it belongeth unto,
and the Ordinarie by common understanding hath such
gravitie and discretion as shalbe meete for so absolute
an authoritie, for the most part following such division
as is used in London, either by thirdes or halfes. Our
forefathers newely converted to the Christian faith had
such confidence in their pastors and instructours and
tooke them to be men of such conscience that they
committed that matter to their discretion, and belike
at the first they were such as would seeke no private
profit to themselves thereby, that being once so or-
deined hath still so continued. The abuse which hath
followed was in part redressed by certaine actes of
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ANGLORUM LIB. 3.
parliament made in the time of King Henrie the eight,
touching the probate of testamentes committing of
administration and mortuaries. But to turne to the
matter which we nowe have in hande, the wife is so
much in the power of her husband, that not onely her
goods by marriage are streight made her husbandes, and
she looseth all her administration which she had of
them : but also where all English men have name and
surname, as the Romans had, Marcus Tullius, Caius
Pompeius, Caius Iuliusy whereof the name is given to us
at the font, the surname is the name of the gentilitie
and stocke which the sonne doth take of the father
alwaies, as the olde Romans did, our daughters so
soone as they be maried loose the surname of their
father, and of the family and stocke whereof they doe
come, and take the surname of their husbands, as
transplanted from their family into another. So that
if my wife was called before Philippe Wilford by her
owne name and her fathers surname, so soone as she
is maried to me she is no more called Philippe JVylfordy
but Philippe Smith, and so must she write and signe :
and as she changeth husbandes, so she chaungeth
surnames, called alwaies by the surname of her last
husbande. Yet if a woman once marrie a Lorde or
a Knight, by which occasion she is called my Ladie
with the surname of her husbande, if he die and she
take a husbande of a meaner estate by whom she shall
not be called Ladie (such is the honour we doe give
to women) she shall still be called Ladie with the
surname of her first husbande and not of the seconde.
I thinke among the olde Romans those marriages^
which were made per coemptionem in manum, and per ees
and libram made the wife in manu & pot est ate viri,
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wherof also we had in our olde lawe and ceremonies
of mariage, a certaine memorie as a viewe and vestigium.
For the woman at the Church dore was given of the
father or some other man next of her kinne into the
handes of the husbande, and he layde downe golde and
silver for her upon the booke, as though he did buy
her, the priest belike was in steede of Lipripeus'. our
mariages be esteemed perfect by the law of England,
when they be solemnished in the Church or Chappell,
in the presence of the priest and other witnesses. And
this only maketh both the husbande and the wife
capable of all the benefites which our lawe doth give
unto them and their lawefull children. In so much
that if I marie the widowe of one lately dead, which
at the time of her husbandes death was with childe,
if the childe be borne after mariage solemnished with
me, this childe shalbe my heire, and is accounted my
lawefull sonne, not his whose childe it is in deede, so
precisely wee doe take the letter where it is saide, pater
est quern nuptice demonstrant. Those waies and meanes
which Justinian doth declare to make bastardes to be
lawefull children, muliers or rather melieurs (for such
a terme our lawe useth for them which be lawefull
children) be of no effect in England, neither the Pope
nor Emperour, nor the Prince himselfe never could
there legittimate a bastarde to enjoy any benefitte of
our lawe, the Parliament hath onely that power.
Although the wife be (as I have written before) in
manu & potestate mariti, by our lawe yet they be not
kept so streit as in mew and with a garde as they be
in Italy and Spaine, but have almost as much libertie
as in Fraunce, and they have for the most part all the
charge of the house and houshoulde (as it may appeare
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ANGLORUM LIB. 3.
by Aristotle and Plato the wives of the Greekes had in
their time) which is in deede the naturall occupation,
exercise, office and part of a wife. The husband to
meddle with the defence either by lawe or force, and
with all foren matters which is the naturall part and
office of the man, as I have written before. And
although our lawe may seeme somewhat rigorous
toward the wives, yet for the most part they can
handle their husbandes so well and so doulcely, and
specially when their husbands be sicke : that where
the lawe giveth them nothing, their husbandes at
their death of their good will give them all. And
fewe there be that be not made at the death of their
husbandes either sole or chiefe executrixes of his last
wil and testament, and have for the most part the
governement of the children and their portions : ex-
cept it be in London, where a peculiar order is
taken by the citie much after the fashion of the civill
lawe.
All this while I have spoken onely of moveable ^
goods: if the wife be an enheretrix and bring lande
with her to the mariage, that lande descendeth to her
eldest sonne, or is divided among her daughters. Also
the manner is, that the lande which the wife bringeth
to the mariage or purchaseth afterwardes, the husbande
can not sell nor alienate the same, no not with her
consent, nor she her selfe during the mariage, except
that she be sole examined by a Judge at the common
lawe : and if he have no childe by her and she die, the
lande goeth to her next heires at the common lawe :
but if in the mariage he have a child by her, which
is heard once to crie, whether the childe live or die,
the husbande shall have the usufruite of her landes,
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(that is the profitte of them during his life) and that
^ is called the courtisie of Englande.
Likewise if the husbande have any lande either by
inheritance descended or purchased and bought, if hee
die before the wife, she shall have the usufruite of one
thirde part of his landes. That is, she shall holde the
one thirde part of his landes during her life as her
dowrie, whether he hath child by her or no. If he
hath any children, the rest descendeth streight to the
eldest : if he hath none, to the next heire at the
common lawe : and if she mislike the division, she
shal aske to be indowed of the fairest of his landes
to the thirde part.
This which I have written touching mariage and
the right in moveables and unmoveables which com-
meth thereby, is to be understoode by the common
law when no private contract is more particularly
made. If there be any private pacts, covenants, and
contracts made before the mariage betwixt the hus-
bande and the wife, by themselves, by their parents,
or their friends, those have force and be kept according
to the firmitie and strength in which they are made,
And this is ynough of wives and mariage.
Of Children.
Chap. 7.
OUr children be not in potestate parentum, as the
children of the Romans were : but as soone as
they be puberes, which we call the age of discretion,
before that time nature doth tell they be but as it were
partes parentum. That which is theirs they may give
or sell, and purchase to themselves either lands and
128
ANGLORUM LIB. 3.
other moveables the father having nothing to doe
therewith. And therefore emancipatio is cleane super-
fluous, we knowe not what it is. Likewise sui k&redes,
complaints de inofficioso testamento or prateritorum liber-
orum non emancipatorum have no effect nor use in our
lawe, nor wee have no manner to make lawefull children
but by mariage, and therefore we knowe not what is
adoptio nor arrogatio. The testator disposeth in his
last will his moveable goods freely as he thinketh
meete and convenient without controlement of wife
or children. And our testamentes for goods moveable
be not subject to the ceremonies of the civill lawe,
but made with all libertie and freedome, and iure
militari. Of landes as ye have understoode before,
there is difference : for when the owner dieth, his
lande discendeth onely to his eldest sonne, all the rest
both sonnes and daughters have nothing by the com-
mon lawe, but must serve their eldest brother if they
will, or make what other shift they can to live : except
that the father in life time doe make some conveiance
and estates of part of his land, to their use, or els by
devise, which word amongest our lawiers doth betoken
a testament written, sealed and delivered in the life
time of the testator before witnesse : for without those
ceremonies a bequest of landes is not available. But
by the common lawe if hee that dieth hath no sonnes
but daughters, the lande is equally divided among them,
which portion is made by agreement or by lotte.
Although as I have saide ordinarily and by the com-
mon lawe, the eldest sonne inheriteth all the lands,
yet in some countries all the sonnes have equall
portion, and that is called ganelkinde, and is in many
places in Kent. In some places the youngest is sole
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heire : and in some places after an other fashion. But
these being but particular customes of certaine places
and out of the rule of the common law, doe litle
appertain to the disputation of the policie of the whole
Realme, and may be infinite. The common wealth is
judged by that which is most ordinarily and commonly
doone through the whole Realme.
Of Bondage and Bondmen.
Chap. 8.
AFter that we have spoken of all the sortes of free
•aV men according to the diversitie of their estates
and persons, it resteth to say somewhat of bondmen
which were called servi, which kinde of people and
the disposition of them and about them doth occupie
the most part of Justinians Digestes, and Code. The
/"'Romans had two kindes of bondmen, the one which
were called servi, and they were either which were
bought for money, taken in warre, left by succession,
or purchased by other kinde and lawefull acquisition,
or else borne of their bonde women and called verna :
all those kinde of bondmen be called in our lawe
villens in grosse, as ye would say immediatly bonde
to the person and his heires. An other they had as
appeareth in Justinians time, which they called ad-
scripticij glebce or agri censiti. These were not bond
to the person, but to the mannor or place, and did
followe him who had the manors, and in our lawe
are called villaines regardants, for because they be as
members, or belonging to the manor or place. Neither
of the one sort nor of the other have we any number
130
ANGLORUM LIB. 3.
in England. And of the first I never knewe any in
the realme in my time : of the seconde so fewe there
be, that it is not almost worth the speaking. But
our lawe doth acknowledge them in both those sortes.
Manumission of all kinde of villaines or bondmen in
Englande is used and done after diverse sortes, and
by other and more light and easie meanes than is
prescribed in the civil lawe, and being once manu-
mitted, he is not libertus manumittentis, but simply
liber : howbeit sith our Realme hath received the
Christian religion which maketh us all in Christ
brethren, and in respect of God and Christ conserves,
men began to have conscience to hold in captivitie
and such extreme bondage him whome they must
acknowledge to be his brother, and as we use to terme
him Christian, that is who looketh in Christ and by
Christ to have equall portion with them in the Gospel
and salvation. Upon this scruple, in continuance of
time, and by long successionythe holie fathers, Munkes
and Friers in their confession, and specially in their
extreme and deadly sicknesses, burdened the con-
sciences of them whom they had under their handes :
so that temporall men by little and litle by reason of
that terror in their conscience, were glad to manumit
all their villaines : but the said holie fathers, with the
Abbots and Priors, did not in like sort by theirs, for
they had also conscience to impoverish and dispoyle
the Churches so much as to manumit such as were
bond to their Churches, or to the mannors which the
Church had gotten, and so kept theirs still. The same
did the Bishoppes also till at the last and now of late
some Bishoppes to make a peece of money manumitted
theirs partly for argent, partly for slaunders, that they
1 2 131
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seemed more cruell than the temporaltie: after the
monasteries comming into temporall mens handes have
\beene occasion that now they be almost all manumitted.
The most part of bondmen when they were, yet were
not used with us so cruelly nor in that sort as the
bondmen at the Romane civill law, as appeareth by
their Comedies, nor as in Greece as appeareth by
theirs: but they were suffered to enjoy coppieholde
lande to gaine and get as other serves that nowe
and then their Lordes might fleese them and take a
peece of money of them, as in France the Lords
doe taile them whom they call their subjectes at their
pleasure, and cause them to pay such summes of money
as they list to put upon them. I thinke both in
France and England the chaunge of religion to a
more gentle, humane and more equall sort (as the
christian religion is in respectes of the Gentiles) caused
this olde kinde of servile servitude and slaverie to be
brought into that moderation, for necessitie first to
villaines regardants, and after to servitude of landes
and tenures, and by litle and litle finding out more
civill and gentle meanes and more equall to have
that doone which in time of heathenesse servitude or
bondage did, they almost extinguished the whole. For
although all persons christians be brethren by baptisme
in Jesu Christ, and therefore may appeare equally
free : yet some were and still might be christianed
being bond and serve, and whom as the baptisme did
find so it did leave them, for it chaungeth not civill
lawes nor compactes amongest men which be not
contrarie to Gods lawes, but rather maintaineth them
by obedience. Which seeing men of good conscience
having that scruple whereof I wrote before, have by
132
ANGLORUM LIB. 3.
litle and litle found meanes to have and obtaine the
profit of servitude and bondage which gentilitie did
use and is used to this day amongest Christians on
the one part, and Turkes and Gentiles on the other
part, when warre is betwixt them upon those whom
they take in battaile. Turkes and Gentilles I call
them, which using not our lawe the one beleeveth
in one God, the other in many gods, of whom they
make Images. For the lawe of Jewes is well ynough
knowen, and at this day so farre as I can learne,
amongst all people Jewes be holden as it were in a
common servitude, and have no rule nor dominion as
their own prophesies doe tell that they should not have,
after that Christ was promised to them, was of them
refused for when they would not acknowledge him
obstinatly forsaking their helpe in soule for the life to
come and honour in this worlde for the time present,
not taking the good tidinges, newes, and evangill brought
to them for their disobedience by the great grace of
God, and by the promise of the Prophets fructified in
us which be Gentils and brought forth this humanitie,
gentlenes, honour and godly knowledge which is seen
at this present. But to returne to the purpose.
This perswasion I say of Christians not to make
nor keepe his brother in Christ, servile, bond and
underling for ever unto him, as a beast rather than as
a man, and the humanitie which the Christian religion
doth teache, hath engendered through Realmes not
neere to Turkes and Barbarians, a doubt, a conscience
and scruple to have servants and bondmen : yet neces-
sitie on both sides, of the one to have helpe, on the
other to have service, hath kept a figure or fashion
thereof. So that some would not have bondmen, but
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adscripticij gleba, and villaines regardant to the ground,
to the intent their service might be furnished, and that
the countrie being evill, unwholsome, and otherwise
barren, should not be desolate. Others afterwardes
found out the wayes and meanes, that not the men
but the land should be bound and bring with it such
bondage and service to him that occupieth it, as to
carie the Lordes dung unto the fleldes, to plough his
ground at certaine daies, sowe, reape, come to his
Court, sweare faith unto him, and in the ende to holde
the lande but by copie of the Lords court rolle, and at
the will of the Lord. This tenure is called also in our
lawe, villaine, bonde, or servile tenure : yet to consider
more deepely all lande, even that which is called most
free lande, hath a bondage annexed unto it, not as
naturally the lower ground must suffer and receive the
water and filth which falleth from the higher ground,
nor such as Justinian speaketh of de servitudinibus
prtediorum rusticorum iff urbanorum, but the lande doeth
bring a certaine kinde of servitude to the possessor.
For no man holdeth land simply free in Englande, but
he or she that holdeth the Crowne of Englande : all
others holde their land in fee, that is upon a faith or
trust, and some service to be doone to another Lorde
of a Mannor, as his superior, and he againe of an
higher Lorde, till it come to the Prince and him that
holdeth the Crowne. So that if a man die, and it
be found that he hath land which he holdeth, but
of whom no man can tell, this is understoode to be
holden of the Crowne, and in capitie, which is much
like to knights service, and draweth unto it three
services, homage, ward and mariage : That is, he shall
sweare to be his man, and to be true unto him of
J34
ANGLORUM LIB. 3.
whom he holdeth the lande. His sonne who holdeth
the land after the death of his father, shall be maried
where it pleaseth the Lorde. He that holdeth the
lande most freely of a temporall man (for franke
almose and franke manage hath an other cause and
nature) holdeth by fealtie onely, which is, he shal
sweare to be true to the Lorde, and doe such service
as appertaineth for the land which he holdeth of the
Lord. So that all free lande in Englande is holden in
fee or feodo, which is asmuch to say as in fide or fiducia :
That is, in trust and confidence, that he shall be true
to the Lorde of whom he holdeth it, pay such rents,
doe such service, and observe such conditions as was
annexed to the first donation. Thus all saving the
Prince be not viri domini, but rather fiduciary domini,
and possessores : This is a more likely interpretation than
that which Litleton doeth put in his booke, who saith
that feodum idem est quod heereditas, which it doeth
betoken in no language. This hapneth many times
to them who be of great witte and learning, yet not
seene in many tongues, or marketh not the deduction
of wordes which time doth alter. Fides in Latine
the Gothes comming into Italie, and corrupting the
language, was turned first into fede, and at this day in
Italie they wil say in fide, en fede or ala fe. And
some uncunning Lawyers that would make a newe
barbarous latine worde to betoken lande given in fidem,
or as the Italian saith in fede, or fe, made it in feudum
or feodum. The nature of the worde appeareth more
evident in those which we call to fef, feoff" or feoffees,
the one be fiduciary possessores, or fidei commissarij, the
other is, dare in fiduciam, or fidei commissum, or more
latinely, fidei committere. The same Litleton was as
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much deceived in withernam, and diverse other olde
wordes. This withernam he interpreteth vetitum
navium, in what language I knowe not : whereas in
trueth it is in plaine Dutche and in our olde Saxon
language, wytber nempt^ alterum accipere, iterum rapere,
a worde that betokeneth that which in barbarous
Latine is called represalia, when one taking of me a
distresse, which in Latine is called pignus, or any other
thing, and carying it away out of the jurisdiction
wherein I dwell, I take by order of him that hath
jurisdiction, an other of him againe or of some other
of that jurisdiction, and doe bring it into the juris-
diction wherein I dwell, that by equal wrong I may
come to have equall right. The manner of represalia,
and that we call withernam, is not altogether one:
But the nature of them both is as I have described,
and the proper signification of the words doe not much
differ. But to returne thither where we did digresse:
ye see that where the persons be free, and the bodies
at full libertie and maxime ingenuiy yet by annexing a
condition to the lande, there is meanes to bring the
owners and possessors thereof into a certaine servitude
or rather libertinitie : That the tenaunts beside paying
the rent accustomed, shal owe to the Lord a certaine
faith, duetie, trust, obedience, and (as we terme it)
certaine service as libertus, or diem patrono : which
because it doeth not consist in the persons, for the
respect in them doeth not make them bond, but in
the lande and occupation thereof, it is more properly
expressed in calling the one tenaunt, the other Lord
of the fee, than either libertus or diem can doe the one,
or patronus the other : for these wordes touche rather
the persons, and the office and duetie betweene them,
136
ANGLORUM LIB. 3.
than the possessions. But in our case leaving the
possession and lande, all the obligation of servitude
and service is gone.
An other kinde of servitude or bondage is used in
Englande for the necessitie thereof, which is called
apprenticehoode. But this is onely by covenaunt, and
for a time, and during the time it is vera servitus. For
whatsoever the apprentice getteth of his owne labour,
or of his masters occupation or stocke, he getteth to
him whose apprentice he is, he must not lie foorth of
his masters doores, he must not occupie any stocke of
his owne, nor mary without his masters licence, and
he must doe all servile offices about the house, and be
obedient to all his masters commaundementes, and
shall suffer such correction as his master shall thinke
meete, and is at his masters cloathing and nourishing,
his master being bounde onely to this which I have
saide, and to teach him his occupation, and for that
he serveth, some for vij. or viij. yeres, some ix. or x.
yeres, as the masters and the friends of the young
man shall thinke meete or can agree : altogether (as
Polidore hath noted) quasi pro emptitio servo : neverthe-
lesse that neither was the cause of the name apprentice,
neither yet doeth the worde betoken that which Polydore
supposeth, but it is a Frenche worde, and betokeneth a
learner or scholer. Apprendre in French is to learne,
and apprentise is as much to say in Frenche (of which
tongue we borowed this worde and many more other)
as discipulus in Latine : likewise he to whom he is
bound, is not called his Lorde but his master, as ye
would say his teacher. And the pactions agreed upon,
be put in writing, signed and sealed by the parties, and
registred for more assurance : without being such an
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apprentice in London, and serving out such a servitude
in the same Citie for the number of yeeres agreed
upon, by order of the Citie amongest them, no man
being never so much borne in London, and of parentes
londoners is admitted to be a Citizen or free man
of London : the like is used in other great Cities of
England. Besides apprentises, others be hired for
wages, and be called servaunts or serving men and
women throughout the whole Realme, which be not
in such bondage as apprentises, but serve for the time
for daily ministrie, as servi and ancilla did in the time
of gentilitie, and be for other matters in libertie as full
free men and women.
But all servaunts, labourers and others not maryed,
must serve by the yere : and if he be in covenaunt, he
may not depart out of his service without his masters
licence, and he must give his master warning that he
will depart one quarter of a yere before the terme of
the yere expireth, or else he shalbe compelled to
serve out an other yere. And if any young man
unmaried be without service, he shalbe compelled to
get him a master whom he must serve for that yere,
or else he shalbe punished with stockes and whipping
as an idle vagabond. And if any man maried or
unmaried, not having rent or living sufficient to
maintaine himselfe, doe live so idely, he is enquired
of, and sometime sent to the gaole, sometime other-
wise punished as a sturdie vagabond: so much our
policie doth abhorre idlenesse. This is one of the
. chiefe charges of the Justices of peace in everie Shire.
It is taken for ungentlenesse and dishonour, and a
shewe of enmitie, if any gentleman doe take an other
gentlemans servaunt (although his master hath put
138
ANGLORUM LIB. 3.
him away) without some certificate from his master
eyther by word or writing, that he hath discharged
him of his service. That which is spoken of men
servaunts, the same is also spoken of women ser-
vaunts. So that all youth that hath not sufficient
revenues to maintaine it selfe, must needs with us
serve, and that after an order as I have written. Thus
necessitie and want of bondmen hath made men to
use free men as bondmen to all servile services: but
yet more liberally and freely, and with a more equalitie
and moderation, than in time of gentilitie slaves and
bondemen were woont to be used, as I have saide
before. This first and latter fashion of temporall servi-
tude, and upon paction is used in such countryes, as
have left off the old accustomed maner of servaunts,
slaves, bondemen and bondwomen, which was in use
before they had received the Christian faith. Some
after one sort, and some either more or lesse rigorouslie,
according as the nature of the people is enclined, or
hath devised amongest themselves for the necessitie of
service.
Of the Court which is Spirituall or Ec-
clesiasticall, and in the booke of Law, Court
Christian, or Curia Christianitatis.
Chap. 9.
THe Archbishops and Bishops have a certaine
peculiar jurisdiction unto them especially in
foure maner of causes : Testamentes and legations,
Tythes and mortuaries, mariage and adulterie or
fornication, and also of such things as appertaine to
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orders amongest themselves and matters concerning
\ religion. For as it doeth appeare, our auncestors
having the common wealth before ordeined and set
in frame, when they did agree to receive the true and
Christian religion, that which was established before,
and concerned externe policie (which their Apostles,
Doctors and Preachers did allowe) they helde and
kept still with that which they brought in of newe.
And those things in keeping whereof they made
conscience, they committed to them to be ordered and
governed as such things, as of which they had no
skill, as to men in whom for the holinesse of their
life and good conscience, they had a great and sure
/ confidence. So those matters be ordered in their
Courts, and after the fashion and maner of the lawe
civil or rather common by citation, libel, contestationem
litis, examination of witnesses privilie, by exceptions,
replications apart and in writing, allegations, matters
by sentences given in writing, by appellations from
one to an other as well a gravamine as a sententia
definitiua, and so they have other names, as Proctor,
Advocates, Assessors, Ordinaries, and Commissaries,
&c. farre from the manner of our order in the com-
mon lawe of Englande, and from that fashion which
I have shewed you before. Wherefore if I say the
testament is false and forged, I must sue in the
spirituall lawe, so also if I demaunde a legacie : but
if I sue the executor or administrator which is he in
our lawe, who is in the civill lawe hares or bonorum
mobilium possessor ab intestato) for a debt which the
x^dead ought me, I must sue in the temporall court.
These two courtes the temporall and the spirituall be
so divided, that who so ever sueth for any thing to
140
ANGLORUM LIB. 3.
Rome or in any spirituall court for that cause or action
which may be pleaded in the temporall court of the
Realme, by an olde lawe of Englande hee falleth into
a praemunire, that is hee forfetteth all his goods to the
Prince, and his bodie to remaine in prison during the
Princes pleasure : and not that onely, but the Judge,
the scribe, the procurer and assessor which receiveth
and doth maintaine that usurped pleading doth incur
the same daunger. Whether the word praemunire
doeth betoken that the authoritie and jurisdiction of
the realme is provided for before, and defended by
that lawe, and therefore it hath that name praemunire
or pramuniri, or because that by that lawe such an
attemture hath had warning given before to him of
the daunger into which he falleth by such attempt,
and then praemunire is barbarously written for pr<e-
monere, prcemoneri, (as some men have helde opinion)
I will not define, the effect is as I have declared :
and the lawe was first made in King Richarde the
secondes time, and is the remedie which is used when
the spirituall jurisdiction will goe about to encroch
any thing upon the temporall courts, Because this
court or forme which is called curia christianitatisy
is yet taken as appeareth for an externe and forren
court, and difFerreth from the policie and manner of
government of the Realme, and is an other court
(as appeareth by the act and writ of praemunire) than
curia regis aut regime: Yet at this present this court
as well as others hath her force, power, authoritie,
rule and jurisdiction, from the royall majestie and the
crowne of England and from no other forren poten-
tate or power under God, which being granted (as
indeede it is true) it may nowe appeare by some reason
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that the first statute of praemunire whereof I have
spoken, hath nowe no place in Englande, seeing there
is no pleading alibi quam in curia regis ac regime.
I have declared summarily as it were in a chart or
mappe, or as Aristotle termeth it o!>9 ev tvttw the forme
and manner of the governement of Englande, and the
policie thereof, and sette before your eies the prin-
cipall pointes wherein it doth differ from the policie
or government at this time used in Fraunce, Italie,
Spaine, Germanie and all other countries, which doe
followe the civill lawe of the Romanes compiled by
Justinian into his pandects and code : not in that sort
as Plato made his common wealth, or Zenophon his
kingdome of Persia, nor as Syr Thomas More his Utopia
being feigned common wealths, such as never was
nor never shall be, vaine imaginations, phantasies of
Philosophers to occupie the time and to exercise their
wittes: but so as Englande standeth and is governed
at this day the xxviij of March Anno 1565, in the vij
yeare of the raigne and administration thereof by the
most vertuous and noble Queene Elizabeth, daughter
to King Henrie the eight, and in the one and fifteeth
yeere of mine age, when I was ambassador for her
majestie in the court of Fraunce, the scepter whereof
at that time the noble Prince and of great hope Charles
Maximilian did holde, having then raigned iiij yeares.
So that whether I writ true or not, it is easie to be
seene with eies (as a man would say) and felt with
handes. Wherfore this being as a project or table
of a common wealth truely laide before you, not
fained by putting a case : let us compare it with com-
mon wealthes, which be at this day in esse, or doe
remaine discribed in true histories, especially in such
142
ANGLORUM LIB. 3.
pointes wherein the one differeth from the other, to
see who hath taken the righter, truer, and more
commodious way to governe the people aswell in
warre as in peace. This will be no illiberall occu-
pation for him that is a Philosopher and hath a
delight in disputing, nor unprofitable for him
who hath to doe and hath good will to
serve the Prince and the common
wealth in giving counsell for
the better administration
thereof.
Thomas Smyth.
Finis.
H3
APPENDIX A.
The first edition of the De Republica appeared in 1583.
It was printed by Henry Middleton for Gregory Seton. The
second followed in the next year. It is nearly, though not
quite, identical with the earlier, the differences, except in the
marginalia (see Introd. pp. xliii — xlv), being almost exclusively
mere variants in spelling. Even these variations are to some
extent explainable when we notice that in the later edition the
compositor has made freer use than his predecessor of certain
composite double-O's and double-E's, and that this has led him
to "full out" his lines with occasional unnecessary mute E's.
Thus an earlier "stretes...stretes" has become in 1584 "streets
. . .streetes."
The third edition comes in 1589. The Latin title is
now for the first time Englished. The title-page runs as
follows. "The Common- Welth of England, and Maner of
Government thereof. Compiled by the honorable Sir Thomas
Smith, Knight, Doctor of both lawes, and one of the principall
Secretaries unto two most worthie Princes, King Edward
and Queen Elizabeth: with new additions of the cheefe
Courts in England, the offices thereof, and their severall
functions, by the sayd Author: Never before published. At
London. Imprinted by John Windet for Gregorie Seton, and
are to be solde at his shoppe under Aldersgate. 1589."
The title-page of the fourth is similar (though "Common-
Wealth" has advanced a step nearer its modern spelling).
144
APPENDIX A.
"At London. Printed by Valentine Simmes, for Gregorie
Seton, and are to be solde at his shoppe under Aldersgate.
1594."
These two editions omit the table of contents and make
some slight alterations in the marginalia ; e.g. the sharp rebuke
at the end of the note to III. 8. — "Litleton seene in the
tongues as Sir Thomas Smith was in Litleton " — is dropped.
The "new additions," which are common to these and the
later editions are discussed presently and are printed in this
appendix.
The fifth edition replaces "Never before published," and
the following lines, by the words — "Also a Table added thereto,
of all the principall matters contained in this Treatise. At
London. Printed by James Roberts, for Gregorie Seton, and
are to be sold at his shoppe under Aldersgate. Anno Dom.
1 60 1." The sixth "newly corrected and amended" is also
issued at London. "Printed for John Smethwicke, and are to
be sold at his shop in S. Dunstanes Church-yard, under the
Diall. 1609."
Then comes the first Latin version. Haddon, the reader
will remember, had urged Smith to bring out the book in
Latin for the benefit of foreign readers; and Strype twice
declares that it was written both in Latin and in English.
This however is almost certainly an error, due to Strype's
having come across some one of the Latin versions and
imagining it to be Smith's own. In these the additional matter
of 1589 and later editions is translated, but not the marginal
notes, the preface, or the table of contents. The title-page
reads as follows. "De Republica et Administratione Anglorum
Libri tres : Olim Thomae Smithi, Jureconsulti, Equitis Aurati,
Divae quin etiam Elizabethae Reginae ab epistolis et sancti-
orib. consiliis opera confecti : Nunc primum Joannis Buddeni,
Legum Doctoris, fide optima diligentiaque de sermone Angli-
K 145
DE REPUBLICA ANGLORUM
cano in Latinum conversi. Pro officina Nortoniana. Lon-
dini." There is no date. The British Museum catalogue
gives, with a query mark, 1610.
The British Museum also contains three Latin editions
issued at Leyden — Elzevirs — 1625, 1630 and 1641. That
of 1630 is dedicated "Nobilissimo, amplissimo, clarissimo viro,
D. Thomae Glenhamo" by "Joannes de Laet, Antwerpianus."
The Latin of these is a mere reproduction, without acknow-
ledgment, of Budden's1 translation.
The Cambridge University Library contains a copy from the
seventh edition, of which there is no representative at the
British Museum. "Printed by William Stansby for John
Smethwicke, and are to bee sold at his shop in S. Dunstanes
Church-yard under the Dyall. 1612." This edition omits
all but a few of the marginal notes.
The eighth, ninth, and tenth English editions, 1621, 1633,
and 1635, are also printed by W. Stansby for J. Smethwicke,
London; the eleventh, 1640, by R. Young for J. Smethwicke.
A Dutch translation of the three important chapters at the
beginning of the second book was published, apparently without
any prefatory matter, in 1673, at Amsterdam — Het Parlement
van Engelandt, met het Sitten, en de Macht van het Se/vige.
The date is noteworthy. It falls within the period of the
aggressive war of 1672 — 4 which resulted from the secret
treaty of Dover between Charles and Louis (the United
Provinces were to be conquered and divided between the two
conquerors, and Roman Catholicism to be supported by French
aid in England). This war Hallam describes as being "so
repugnant to English interests, so unwarranted by any provo-
cation, so infamously piratical in its commencement, so ominous
of further schemes still more dark and dangerous" that it
" finally opened the eyes of all men of integrity." " It was
1 Budden was professor of civil law at Oxford (see Diet. Nat. Biog.).
146
APPENDIX A.
accompanied by the shutting up of the exchequer, an avowed
bankruptcy at the moment of beginning an expensive war, and
by the declaration of indulgence, or suspension of all penal laws
in religion, an assertion of prerogative which seemed without
limit. These exorbitances were the more scandalous, that they
happened during a very long prorogation. Hence the court so
lost the confidence of the house of commons, that with all the
lavish corruption of the following period, it could never regain
a secure majority on any important question." The Dutch
had good reason therefore to desire first-hand information as to
the relative powers of king and parliament, and we are not
surprised to note that other Dutch editions of these chapters
followed before the end of the century.
A German edition of the same portion of the work ap-
peared at Hamburg in 1688 — Eigentliche Beschreibung des
Parlaments von Engelland, JVie es nehmlich j/rzf, und was tr vor
Gewalt hat — to which is appended some account of the doings
in England in that momentous year. The interest, in this
case, was probably more academic in origin than that felt in
Holland.
Next we turn to consider the "new additions" to which
reference has been made1. All, except one, of these are of
one kind. They are brief descriptions of what we should
call the "staffs " of the various courts. Thus in the Chancer)'
are the Chancellor, the Master of the Rolls, Six Masters of the
Chancery, the Six Clerks, the Clerk of the Hamper, the Clerks
of the Petty Bag and so forth, and about the duties of each of
these officers a sentence is written. Mention in the text of
the Parliament, the Chancery, King's Bench, Common Pleas,
Exchequer, Star Chamber and Court of Wards serves to intro-
duce additions of this character, and accounts of two courts
1 The remainder of this appendix has been supplied by Professor
Maitland.
K 2
H7
DE REPUBLICA ANGLORUM
which the text had not mentioned, namely, the Court of the
Duchy of Lancaster and the Court of Requests, are inserted.
The great bulk of the matter thus imported will probably be
described by almost all modern readers as highly technical
and extremely uninteresting, though a few sentences that
are of some value appear sporadically. One of these, which
occurs in the account of the Parliament, attracts our eye for
more than one reason. The book in its pristine form tells
how the Commons choose a Speaker, how they present him to
the Prince, how the elect "maketh his excuse of unabilitie,"
and how the Chancellor in the Prince's name thanks the
Commons for choosing so wise, discreet and eloquent a man.
In the enlarged book we turn back a page or two and see to
our surprise that the Speaker "is commonly appointed by the
King or Queen, though accepted by the assent of the House."
We will not take upon us to say that in this statement there
is no grain of truth, though we believe that it went far beyond
the facts, and, to say the least, should not have been made by
any one who did not explain that he was disregarding forms
and ceremonies. Does it really come from Sir Thomas
Smith, from a man who nowhere else shows any tendency to
belittle the independence of Parliament, from a man who him-
self describes the election of a Speaker without hinting that
the Prince has a word to say about the matter, or does it come
from someone who is more familiar with the courts of law
than with Parliament?
The addition to the account of the Star Chamber contains
another characteristic passage. It is remarked that the offences
of which cognizance is taken by that court are chiefly of
statutory origin. And then we are told to "see" 4 and 5 Phil,
and Mar. cap. 8, and six other statutes — the latest is 5 Eliz.
cap. 7 — which are expressly cited, "and all the titles of Riots in
Rastals Abridgement." The like of this we nowhere find in
148
APPENDIX A.
the original book. Smith mentions a statute now and again,
such as Richard II. 's Act of Praemunire and Henry VIII. 's Act
condemning poisoners to be boiled, but he never mentions
year and chapter. Bookless in France he could not do it, and
he did it not after his return. Was he at pains then to make
these seven citations about one particular matter?
Also it is to be observed that whereas Sir Thomas writes
pleasantly and diffusely, the style of these additions is as curt
and bald as style can be. The augmenter of the book gives us
technical jargon without a word of explanation. Sir Thomas
goes to the other extreme and can hardly use a legal term,
however common, without apology and periphrasis. Let us
contrast two sentences. "The three Clarks of the Pettie bag
are they that receive the offices that are found in the Court of
Wards." That is one style. "And if for anie disobedience of
not comming and appearing there be a fine (which the latins
do call Mulctd) set upon any jurors head, the sheriffe is
charged with it, and taketh the distresses which in latin be
called Pignora, and answereth therefore to the exchequer."
That is another style. It is a little hard to believe that one
and the same author in one and the same book glosses such
familiar terms as fines and distresses and yet leaves without
comment such a piece of lawyers' slang as "offices that are
found in the Court of Wards." To have told us what "the
Latins" would have called an "office" of the sort that could
be "found" might have been really instructive1.
We have said that one addition differs in character from all
the rest. It is the first, and we may regard it as an excuse
for the others. It forms a chapter interpolated at the begin-
ning of the Second Book. In the First we have been intro-
1 The term is an instance of tight compression. An office found is the
verdict of an inquest taken ex officio (Angl. of office) by a royal officer for
the ascertainment of the king's rights.
149
DE REPUBLICA ANGLORUM
duced to the various classes of Englishmen. We are going to
read of what we should call their institutions and first of the
Parliament. Without any display of juristic or philosophic
method but with no small literary skill Sir Thomas will then
show us the other courts of the realm. But a chapter is here
interpolated of a most methodical or methodological kind.
It proclaims a method and endeavours to impose it upon the
residue of the book. Let us look at it. It is entitled "The
division and definition of the Laws of the Realm in General."
Substituting some numerals for some brackets, we may say that
it begins thus: — "The laws of England consist in two points,
(i) Judgment, and (2) Practice. In Judgment are considered
(1) Persons, (2) Place, (3) Matter, and (4) Manner. The
persons in Judgment are (1) Judges in the Courts, (2) Sergeants
and (3) Counsellors. In Practice are considered (1) Persons,
and (2) their office. The persons are (1) Protonotaries, (2)
Solicitors and (3) Attorneys." Then after a few words about
the duties of Protonotaries, Solicitors and Attorneys, we read
this: — "The places for Judgment are the Courts where
sentence is given and the laws made: as the Parliament,
Chancery, King's Bench, the Common Pleas, the Ex-
chequer, the Court of Wards, the Star Chamber, the Court
of Requests, and the Duchy Court of Lancaster. The Matter
of the Law is (1) Justice and (2) Equity. The Manner of
their several proceedings followeth." There the interpolated
chapter ends, and then the unquestionable Sir Thomas begins
his classical account of the Parliament.
Here indeed is a display of method. We might be reading
some notes of an introductory lecture. And a curious method
it is. The laws, we are told, consist in two points: (1) Judg-
ment, and (2) Practice. In other words, for the context shows
that this is meant, the laws consist in judicial proceedings in
which judges, sergeants and counsellors take part, and pre-
150
APPENDIX A.
liminary proceedings which are in the hands of protonotaries,
attorneys and the like. If we regard this as political theory or
jurisprudence, it is very poor stuff; but if we regard it as an
apology for what the interpolator is going to do, it is to the
point. Whenever Smith mentions a court, a passage is to be
introduced which will speak of the staff of that court from the
judges down to the attorneys, who it will be remembered, are
officers of the court. The little army of cursitors, filacers,
clerks of the warrants and clerks of the essoins, clerks of the
hamper and clerks of the petty bag is to pass in review, though
we shall not be much the wiser when we have read the brief
sentences that tell us of their duties. That is why the laws of
England consist in (i) Judgment and (2) Practice.
We can imagine a demand for information of this sort.
In the days before newspapers and blue books and official
almanacs it went some way towards satisfying a reasonable
curiosity concerning public officers and their doings. It seemed
to lift one corner of a curtain behind which were mysteries.
We can imagine someone thinking that Smith's work would be
much improved by the insertion of such useful knowledge. We
can imagine some clerk of the warrants or clerk of the essoins,
some clerk of the hamper or clerk of the petty bag, thinking
that the secretary of state had unduly neglected "Practice"
and the important functionaries who are concerned therein.
What we cannot easily imagine is that Sir Thomas wrote this
methodical but jejune chapter and thereby lowered the tone
of his whole treatise.
On the whole therefore we feel bound to say that in our
judgment the " new additions of the cheefe Courts in England,
the officers thereof, and their severall functions " are not, as the
title-page declares, "by the sayd author." Apparently they
were composed some few years before they were published in the
edition of 1589. They suppose that the writs issuing from the
151
DE REPUBLICA ANGLORUM
Courts of King's Bench and Common Pleas are tested re-
spectively by Christopher Wray and James Dyer. This shows
that, as they now stand, they could not have been written
before November 1574 when Wray became chief justice; and
we should infer that they were written before May 1582 when
Dyer was succeeded by Anderson. The copy of them which
is now to be printed was made from one of the seventeenth
century editions, but except as regards spelling and punctuation,
it reproduces the text of 1589, with which it has been collated.
THE SECOND BOOKE.
Chap. i.
The division and definition of the Lawes of this Realme
in general!.
Judgment
and
Practice.
Persons
The Lawes of England consist
in two points,
In Judgment are considered
the
The persons in judgment
are the
Place
Matter, and
„ Manner.
( Judges in their Courts
\ Sergeants and
I Counsellours.
{Persons
and
their Office.
{Protonotaries
Sollicitors, and
Attornies.
i52
APPENDIX A.
Their office is to prepare the matter, and to make it ready
for the Judges to determine.
The Protonotaries are the Clerks in the Court, which doe
record the matters hanging in judgement, and do frame the
pleading, enter the Rules and Orders of the Court, the Ver-
dicts and Judgements given in the same.
Sollicitors are such as being learned in the Lawes, and
informed of their Masters Cause, doe informe and instruct the
Counsellors in the same.
Attornies are such as by experience have learned and do
know the orders and manner of proceeding in every Court
where they serve, and doe purchase out Writs and Processe
belonging to their Clients Cause : They see to his Suits, that
he be not hindred by negligence : They pay fees belonging to
the Courts and prepare the Cause for judgement.
The places for judgement are the Courts where sentence is
given and the Lawes made : as the Parliament, Chancery,
Kings Bench, the Common Pleas, the Exchequer, the Court of
Wards, the Starre Chamber, the Court of Requests, and the
Dutchie Court of Lancaster.
{Justice
and
Equity.
The manner of their severall proceedings followeth.
[At the end of Book I. chapter I .]
The Judges in Parliament are, the King or Queens Majestie;
the Lords Temporall and Spirituall ; the Commons, represented
by the Knights and Burgesses of every Shire and Borough
Towne. These all, or the greater part of them, and that with
the consent of the Prince for the time being, must agree to
the making of Lawes.
*53
DE REPUBLICA ANGLORUM
The Officers in Parliament are, the Speakers, two Clarices,
the one for the Higher House, the other for the Lower; and
Committees.
The Speaker is he that doth commend and preferre the
Bils exhibited into the Parliament, and is the Mouth of the
Parliament. Hee is commonly appointed by the King or
Queerie, though accepted by the assent of the House.
The Clarks are the keepers of the Parliament Rolls and
Records and of the Statutes made, and have the custodie of
the private Statutes not printed.
The Committees are such as either the Lords in the higher
House or Burgesses in the Lower House, doe choose to frame
the Lawes upon such Bils as are agreed upon, and after-
ward to bee ratified by the sayde Houses.
\At the end of Book II. chapter 1 1 .]
Out of this Court, as from the person of the Prince come
all manner of originall Writs. The declaration of writs is at
large set downe in the register of writs, and in the Natura
Brevium: Out of this Court come most commonly Commis-
sions, Patents, Licences, Inquisitions etc.
The Judges of this Court are the Lord Chancellour of
England, Assistants, the Masters of the Rols, and six Masters of
the Chancery, which are commonly Doctors of the Civil Law.
Officers are the sixe Clarks of the Chancery, the Clark of
the Crowne generall, the Register, Controler of the Seale, two
examiners, the dark of the Hamper, the three clarks of the
Petty bag, the Cursiters, the Sergeant of the Mace.
The Lord Chancelor is the keeper of the greate Seale, and
hath it carried with him wheresoever he goeth.
The Master of the Rols is the keeper of the Records,
Judgments and Sentences given in the Court of Chancerie.
154
APPENDIX A.
The six Masters are assistants to the Court, to shew what is
the equity of the civill Law, and what is conscience.
The Clarke of the Crowne is the chiefe Guardian of all the
matters of the Crowne : what are Crowne matters, and Pleas of
the Crowne, ^ee in the learned Booke of Stanford, called the
Pleas of the Crowne.
The six Clarks are the Atturnies, as well for the Plaintiffe,
as Defendant, in every suite in this court.
The Register is the engrosser and keeper of the de-
crees, publications, orders and injunctions issuing out of this
Court.
The two examiners are such as take the examination of the
witnesses brought to prove or reprove any thing in suite in this
Court, and to put their depositions and answers made to their
interrogatories in writing.
The Controler of the Seale is to see and allow of all the
Writs made in this court.
The Clarke of the Hamper is hee that doth receive the fines
due for every Writ sealed in this court.
The three Clarks of the Pettie bag, are they that receive
the Offices that are found in the Court of Wards.
The Cursiters are Clarks appointed to their severall shires
which do write original Writs that belong to this court or the
common place.
The Sergeant carrieth the Mace before the Lord Chancellor,
and is to call any man before him at his commandement.
The Processe in the Chancerie is a Subpoena, which is but
to call the partie before him upon a paine, as upon paine of
lx. li. etc. And this is the way used to bring in the party, or
else by the Sergeant as before.
The punishment is, if the party will not come in, or comming
in will not obey the order of the court, imprisonment during
the pleasure of the Lord Chancellour.
155
DE REPUBLICA ANGLORUM
The order of proceeding is by Injunctions, Decrees, and
orders which are to bind the partie, and if he resist, his punish-
ment is imprisonment.
The matter in this Court are all causes wherein equity and
extremitie of Law doe strive and where the rigour of Lawes
have no remedy, but conscience and the moderation of Summum
jus hath sufficient.
And here it is to be noted, that conscience is so regarded in
this Court, that the Lawes are not neglected, but they must
both joyne and meet in a third, that is, in a moderation of
\ extremity.
This court is called of some Officina Juris Civilis Anglorum,
because out of this court issue all maner of Processe which give
the partie his cause of action in other courts.
[Two chapters following Book II. chapter 1 1 and
headed 13 and 14.]
Chap. 13.
Of the Kings Bench.
The Kings Bench is the Kings Court, so called because
usually the Kings have sitten there, and also because that
therein all are causes handled which appertaine to the Crowne:
and such causes as wherein the King or Queene is a party, if
they properly appertaine not to some other Court.
/* The Judges of the Kings Bench are the Lord chiefe
Justice of England, with other his companions assistant in
giving judgement.
The Sergeants and Counsellors doe debate the cause.
The sentence is given by the chiefe Justice, the others all or
the most part assenting, as it shall appeare to be in other courts
likewise. If they cannot agree, then is the matter referred to a
156
APPENDIX A.
demurre in the Exchequer chamber before all the Justices of
both the Benches, viz. the Kings Bench and the Common
Pleas, and the Lord Chiefe Baron of the Exchequer.
The Officers in the Kings Bench are the chiefe Protonothary,
the Secondary, the Clarke of the Crowne, the Clarke of the
Exigents, the Clarke of the Papers, the Custos Brevium and
Custos Sigilli.
The Protonothary is he, that recordeth all Judgements,
Orders and Rules in this Court, and all Verdicts given, being
not of Crowne matters.
The Secondary is the Protonotharies Deputie, for the said
causes, and he is the keeper and maker up of these Records in
Bookes.
The Clarke of the Crowne is to frame all Indictments of
Felony, Treason, Murther etc. all manner of Appeales, and
after to record them and enter the Verdict, and to make and
keepe the Records touching these matters.
The Clark of the Exigents is to frame all manner of
Processes of Exigi facias, which doe issue out of that Court
to out-law any man, and to record the out-lawry.
The Clarke of the Papers is hee that keepeth all Rols,
Scripts, and pleadings, and other things in writing which are
not of Record.
The Custos Brevium is he which fileth all the Writs
Judiciall and Originall, after the Sheriffe hath returned them :
he is chargeable if any be embeselled or privily conveyed away
from the file.
The Custos Sigilli is he, that doth keep the Seale, and
seeketh \corr. sealeth] all judiciall Writs, and all Patents, Licences
issuing out of this Court, and taketh the fee due for them, and
thereof is to make his account.
There are certayne Atturnies belonging to this Court in
number as the Protonothorie shall appoynt : those are for
157
DE REPUBLICA ANGLORUM
Plaintiffes and defendants in every cause, and they frame and
make the pleadings.
The manner of proceeding in this Court is by Latitat, Arest,
and Bill.
The Latitat is to bring the party in when he is not to be
found, or will not appeare and answere.
Arrest is when the party is arrested, and then is driven to
finde baile, viz. two sufficient sureties or more as the case shall
neede.
By Bill the suite is when the party is in Custodia Mareschaliy
and is from thence brought to answer.
The Matters in this Court are properly all matters of the
Crowne, whereof see Stanfords booke aforesaide.
In these they proceede by Inditements, verdict, appeale.
Improperly all suites wherein the King is a party, or may have
any losse. Such are Conspiracies, Champarties, Imbrasier,
Maintenance, Decies tantum, maymes, Slanders, actions sur le
cas: of these see Natura brevium.
Chap. 15.
Of the Court of Common Pleas.
The court of Common Pleas is the Kings court, wherein
are holden all common pleas betweene Subject and Subject of
all matters of common Law : so called, for that it serveth for
the exact and precise administration of the common Law.
The Judges in this court are, Lord chiefe Justice of the
common Pleas, three other his Associats : The Sergeants at the
Law whose number is sometimes more, sometimes lesse, at
the pleasure of the Prince. These all are sworne to serve the
turne of the common Law at this Barre.
158
APPENDIX A.
Two of them are alwayes appointed to serve the Princes
turne in what Court soever, and are called the Queenes
Sergeants.
The Officers of this Court are the Custos Brevium, three
Protonotharies, the Clarke of the Warrants, the Clarke of the
Essoynes, divers Atturnies, Fillisers for every Shire, Exigenters
for everie shire, the Clarke of the Juries, the Chirographer for
fines, the Clark of the Queenes silver for errours in this Court
committed, the Clark of the Seale, as before for the Kings
Bench.
The Custos Brevium is the chiefe Clark in the Court, and
hee hath the custody of all the Writs whatsoever returnable
into this Court, come they in at the day of the returne, or after
the day, which is called post diem.
The Protonotharies are they which after the parties have
appeared in court, do enter the matter in suite, and make the
pleadings, and enter them.
The Fillisers are they which make up all meane processe
upon the originall Writs, and the same Writs returned by the
Sheriffe, are by the Atturnies delivered to the Custos Brevium
to file or string, there to remaine of Record.
The Exigenters are such as make out the Exigents and
Writs of Proclamation into every county, where the parties are,
that upon the measne Processe or Summons will not appeare.
The Clarke of the Warrants is he which doth take the
Warrants of an Atturney, which shall prosecute for the
Plaintiffe or Defendant : and is he that enrolleth all deeds
acknowledged before the Justices of the same court.
The Clarke of the Essoynes, is he which doth Essoyne
the Defendants in every Action, before the day of his appear-
ance.
An Essoyne is an ordinary delay by Office of court in
action : and the Officer before whom the Clarke is to take these
J59
DE REPUBLICA ANGLORUM
Essoynes, is the punie Justice in the Common Pleas, who for
that purpose sitteth three days before the Terme.
The common Atturnies are such as are allowed in this
court, by the Lord chiefe Justice of the common Pleas and
his Assistance to prosecute or defend according to the instruc-
tions of their clients for the Plaintiffe or Defendant.
The Clark of the Juries is he that doth make the Venire
Facias, to the Sheriffe to warne the Juries by.
y The Chirographer is he that hath the Writ of covenant
with the concord brought unto him, and he maketh Indentures
tripartite, wherof two are delivered to the party for whose use
the fine is acknowledged, and the third part is reserved with
him. And all the Proclamations of the same fine according to
the Statutes made, are endorsed on the third part remayning,
and it is commonly called the foot of the fine.
The Clarke of the Queenes silver is a distinct Office of the
fines, and is he who setteth downe the money that his Majesty
is to have for the fine, according to the yeerely value of the
Land confessed, knowne, deposed or agreed upon.
All Errours in this court committed, are reformed in the
Kings Bench, before the Lord chiefe Justice, and other Justices
there assistant by Writ of Errour.
There is also the Clarke of the Out-lawries, who is the
Kings Atturney Generall, and he entreth the Out-lawry for
the Queene, after the Exigent delivered : and he maketh all the
Writs of Out-lawry : and none are to be made but by him.
The matters of the common Pleas are all sutes of common
Law commenced by any Writ originall, reall or personal.
Reall are such as touch the inheritance, or fee of any man.
Personall are such as touch transitory things, as goods,
chattels, personall wrongs etc.
The difference between a Writ Originall, and a Writ
Judiciall, is this: the original saith in the end of it (in the
1 60
APPENDIX A.
person of the King or Queen) teste meipso, or teste meipsa apud
Westmonasterium. The Judiciall Writ saith in the end, Teste
Cbristophoro IVray, or Teste yacobo Dyer, or such other as shal
be the Lord chiefe Justice of either of those Benches.
The order of processes how they follow the one after the
other. In this court is first a- Summoneas in some Action, then
an Attachias, but in most a Capias, then a Capias pluries, then
Exigi facias, and a Proclamation into the county where the
Defendant dwelleth.
The Summoneas is the originall, and goeth out of the
Chancery, and is directed to the Sheriffe to bring the party
by a day.
The Sheriffes order in serving this Writ, is to goe himselfe,
or his Bayliffe, to the Land, and there to garnish the party, by
sticking up a stick on his Land, which done, the Sheriffe
returneth two common pledges, Johannes Do, and Richardus
Ro, and two Summonees [corr. Summoners], Richardus Deny
Henricus Fen. After the Summonees [corr. summons], if the
party come not in, issueth out an Attachias in nature of a
precept, to authorize the Sheriffe to go to his Land or House
and there to take a pledge for his appearance.
But if the party Plaintiffe meane to out-law the Defendant,
he getteth a Summoneas out of the Chancery to the Sheriffe to
warne the party, who returneth nihil habet etc. Then the
Plaintiffe getteth a Capias to take his body, then an Alias
Capias, then a Pluries Capias, to all which the Sheriffe
returneth in order as they bee given out, non est inventus',
after which if the Party appear not, goeth out to the Sheriffe
the Exigi facias, and a Proclamation to proclaime the party in
five severall County dayes : after which Proclamations, if he do
not appeare, he is returned Quinto exactus et non comparuit et ideo
utlagatus, unlesse hee doe first purchase a Supersedeas, to the
court to surcease. The Supersedeas is granted at the suite of
l 161
DE REPUBLICA ANGLORUM
the plaintife [corr. defendant] to stay the Out-lawrie, and is an
appearance to the suite for the Defendant, suggesting to the
court, that his Exigent improvide emanavit shewing that the
Defendant was alwayes ready to appeare by his Atturney.
This done, the Plaintiffe declareth, the Defendant answereth,
if the answer be issuable they proceed to tryall.
The manner of proceeding is either to joyne issue, and so to
passe to Verdict, or else to Demurre. The tryall is by Verdict,
when the question is made de facto, as where the matter was
done, when, by whom etc.
[In Book II. chapter 14. The words in square brackets
belong to the first editions also.']
/ [In English we call them Barons of the Exchequer, whereof
is one who is called the chiefe Baron, as Tribunus or jfuridicus
rationalis primus, or princeps\ with others to them assistant: the
Chanceller of the Exchequer, two Chamberlaines, and Atturney
^general, y [The chiefe of al is called high Treasurer of England,
as you would say in Latine, Supremus aerarij anglici quaestor or
Tribunus aerarius maximus.~]
Hee hath the charge and keeping of the King or Queenes
treasure, and many Officers are at his sole appointment, and to
him accountant, as well in the Tower, Exchequer, as elsewhere ;
as Auditors in the Mint, Auditors and Tellers in the Exchequer,
Receivers etc.
The Chancellour is the under treasurer, and is governour of
the court, under the high treasurer. Many Officers also are at
his appointment.
The chiefe Baron is the Judge in Law-causes, incident to
this court, the three other Barons are assistants.
The Atturney is the Atturney generall, to defend the
Queenes right, and to peruse all grants, particulars, suits and
162
APPENDIX A.
causes handled in this court. There are common Atturneyes
besides, which serve for the suiters of this court.
The other Officers are two Remembrancers, two Clarices of
the Pipe, two of the first fruits and tenthes.
The Remembrancers are those which keepe all the Records
of the Exchequer betweene the Queene and her subjects and
enter the rules and orders there made, the one is for the Prince,
the other is for the Lord treasurer.
The Clarices of the Pipe are those that make leases upon
particulars, and receive the Sheriffes accounts; those receive
also the bonds and titles of other assurances.
In the Office of the first fruits, are received all first fruits
due to her Majesty by Bishops, Deanes, and all Ecclesiasticall
Persons, answerable by order of the Law.
Other officers are tellers, Auditors, Collectors, Rent-
gatherers, taile-makers etc.
The matters of this court are all penal punishment, as
intrusions, alienations without licence, penall forfaitures upon
popular actions (a popular action is while the one part is given
to the informer; the rest to the Prince). Of these see the
whole body of Statutes at large or in Rastalls collection.
In this court are handled all paiments, accounts, expences of
the Queenes revenues.
The usuall Processe of this Court is a Sub poena out of this
court, or a messenger to call the party. S
[At the end of Book III. chapter 4.]
The Judges of this Court are the Lord Chancellor, the
Lord Treasurer, all the Queenes Majesties Councel, the Barons
of this Land.
The Officers therein are a Clark, three Atturnies, an
Examiner.
L 2 163
DE REPUBLICA ANGLORUM
The Clarke keepeth the records, rules, entries, orders and
decrees made in this Court.
The three Attumies are for the plaintiffe and for the
defendant to frame their complaints, and answeres, and make
the matter apt to be heard for the Lords.
The Examiner taketh the depositions of the witnesses of
both sides, to the proofe or disproofe of the cause.
The order of proceeding to judgement is by assent of voices,
and open yeelding of their mind in Court, the major part being
preferred for sentence.
The punishment most usuall, is imprisonment, pillory, a
fine, and many times both fine and imprisonment.
The processe is a Sub poena, an attachment, a proclamation
of rebellion, and a commission of rebellion,
This Sub poena is in manner of a libell or precept.
The Proclamation and commission of rebellion serve when
the party is stubborne, having made contempt, and commeth
not in by the former processe.
The Messengers of this Court are the Warden of the Fleet :
or the Sergeants at Armes.
The matters belonging most commonly are by statutes, as
is taking away of maids within age against their parents or
guardians will. See Anno 4^5 Phil. & Maria cap. 8. All
notable forgeries, counterfeiting letters or privie tokens. See
Hen. 8. Anno 33, cap. 1. An. 5. Eliz, cap. I J. Slandering of
Nobles, and seditious newes. See R. 2. Anno 2. cap. 5. Anno
I. & 2. Phil. & Maria, cap. 2. Anno 2. 3. Eliz. cap. 7. All
notable riots and unlawfull Assemblies. See Anno 1. Eliz.
cap. 17. And all the titles of Riots in Rastah Abridgement,
all notable deceits, and all kinde of cousenage, &c.
164
APPENDIX A.
[At the end of Book III. chapter 5.]
The Judge in this Court is the Maister of the Wardes.
Officers are the Attourney of the Wardes for the Queene.
The Surveyor, the Auditor, the Treasurer, the Clark, two
common Atturnies, inferiour officers, also Messengers, and
Pursuivants.
The Attourney for the Wardes is alwayes for the Queenes
right, and assistant with the Maister of the Wards.
The Surveyor is he that hath the alowing of every Liverie
that is sued out.
The Auditor taketh the account, and causeth proces to be
made.
The Treasurer receaveth the mony due to her Majestic
The Clark is writer of the Records, and writer of the
decrees, processes, and orders of the Court.
The matters of this Court are all benefits that may come
unto her Majestie, by guard, by marriage, preuveer, season [corr.
primer seisin], and releefe.
The generall processe in this Court is a commission, a
processe in manner of a proclamation, warning the party or
parties to appeare before the maister of the wards. More
speciall processe belonging to this Court, are a Diem clausit
extremum, a Devenerunt, a melius inquirendum, a Datum est nobis
intelligi, a Quae plura. Of the nature of these, see Stanfords
booke of the Kings prerogative.
Out of this Court are the Liveries sued, and committed to
the Clarks of the Petty bagge, officers in the Chauncerie.
When the heire hath prooved his age, and sued his Liverie,
then he must doe homage to [blank in text] that is the Deputy
of the Prince for that purpose, and then must pay a fine or fee
to the Lord privy Seale.
165
DE REPUBLICA ANGLORUM
[Two chapters following on Book III. chapter 5.]
The Dutchie Court.
Chap. 6.
The Duchie Court of Lancaster is also the Queenes Court
of Record. In it are holden all pleas real and personall, which
concerne any of the Dutchie Lands, now in her Majesties
hands and parcell of her crowne : but severed in Court and
jurisdiction.
The Judge in this Court is the Chancelour assisted by the
Attourney of the Dutchie for the Queene, the Clarke of the
Court, divers Surveyors, two common Attourneies, divers
Auditors, two assistants, the Sergeant of her Majestic
The Chauncelour is a Judge of the Court, to see justice
administred betweene her Majestie and her Subjects and
betweene party and party.
The Attourney is to maintaine the Queenes right, and
is assistant to the Chauncelour, and sheweth him what the
law is.
The Clarke keepeth the Roles and Records, and maketh
the Processe.
The Surveiors are divers, one more principal : they survey
the Queenes lands within the Dutchy.
The Auditors are divers : one more principall, they are to
account and make the order of the receits within the Dutchie.
The common Attourneies are for the suitors that have cause
in action within the Court.
The Assistants are two Judges at the Common law that are
to aid them in difficult points of the law.
The Sergeant for the Queene, is a learned Counsailor,
appointed to be of her Majesties Counsell for her right.
There is also belonging to this Court a Vice-chancelour,
166
APPENDIX A.
that serveth for the County Palatine of Lancaster, he maketh
all originall processes within his libertie, as doth the Lord
Chauncelour of England for the Chauncerie.
The Processe of the County Palatine, is a Sub poena, as in
the Chauncerie.
The Court of Requests.
Chap. 7.
This Court is the Court wherein all sutes made to her
Majestie by way of supplication or petition are heard and ended,
neither shoulde it holde plea of any other matters then such.
And this is called the poore mans Court, because there hee
should have right without paying any money : and it is called
also the Court of conscience.
The Judges in this Court are the Maisters of Requests, one
for the common lawes, the other for the civill lawes.
The Officers in this court, are the Register, the Examinor,
three Atturneis, one messenger or Pursuivant.
The Examinor is he that apposeth the witnesses by oath, and
recordeth their depositions.
The Atturneis serve for the plaintife and defendant to frame
their complaints and aunswers.
The Pursuivant is an officer in this court, to bring any man
before the Judges whom they shall name.
The matters in this Court at this day, are almost all sutes
that by colour of equitie or supplication made to the Prince,
may be brought before them : properly all poore mens sutes,
which are made to her Majestie by supplication.
The Processes in this Court, are a privie seale, proclamation
of rebellion.
The nature of these Processes is, as was said before in the
Court of Starre-chamber.
167
APPENDIX B.
/ The following extracts from Harrison's Description of
England, Book n. chapter 5, are taken from the first edition of
N Holinshed's Chronicles, 1577. Readers who are interested in
the mutual " borro wages " of the two writers will find
Dr Furnivall's excellent edition of Harrison's work especially
convenient. The earlier and the later readings of Harrison are
there given in combination.
" We in England divide our people commonlie into foure
sorts, as gentlemen, citizens or burgesses, yeomen, and artificers
or laborers. Of gentlemen the first and cheefe (next the king)
be the prince, dukes, marquesses, earls, viscounts and barons :
and these are called the Nobilitie, they are also named Lordes
and noble men, and next to them be Knights and Esquiers, and
simple gentlemen. [Cf. Smith 1. 16 ad fin.]
The title of prince dooth particulate belong to the kings
eldest sonne, who is called prince of Wales, and is the heire
apparent to the crowne; as in France the kings eldest sonne
hath the title of Dolphine, and is named peculiarlie Monsieur.
[Cf. Smith 1. 18.]
Dukes, marquesses, earles, visconts and barons, either be
created of the prince, or come to that honor by being the eldest
sonnes or highest in succession to their parents. For the eldest
sonne of a duke during his fathers life is an erle, the eldest sonne
of an erle is a baron or sometimes a viscont, according as the
168
APPENDIX B.
creation is. The creation I call the original donation and
condition of the honour given by the prince for the good
service doone by the first ancestor, with some advancement,
which, with the title of that honour, is alwaies given to him
and his heires males onelie. The rest of the sonnes of the
nobilitie by the rigor of the law be but esquiers : yet in common
speech all dukes and marquesses sonnes, and earles eldest sonnes
be called lords, the which name commonlie dooth agree to
none of lower degree than barons, yet by law and use these be
not esteemed barons. [Cf. Smith I. 17.]
The baronie or degree of lords dooth answer to the degree
of senators of Rome and the title of nobilitie (as we use to call
it in England) to the Romane Patrkij. Also in England no
man is created baron, except he maie dispend of yearelie
revenues so much as maie fullie mainteine and beare out his
countenance and port. But visconts, erles, marquesses, and
dukes exceed them according to the proportion of their degree
and honour. But though by chance he or his sonne have lesse,
yet he keepeth this degree : but if the decaie be excessive and
not able to mainteine the honour, as Senatores Romani were
moti senatu : so sometimes they are not admitted to the upper
house in the parlement although they keepe the name of lord
still, which can not be taken from them upon anie such
occasion. [Cf. Smith 1. 17.]
Knights be not borne, neither is anie man a knight by
succession, no, not the king or prince: but they are made
either before the battell, to incourage them the more to adven-
ture and trie their manhood: or after as an advancement for
their courage and prowesse alreadie shewed. They are made
either by the king himselfe, or by his commission and roiall
authoritie given for the same purpose : or by his lieutenant in
the warres. This order seemeth to answer in part to that
169
DE REPUBLICA ANGLORUM
which the Romans called Equitum Romanorum. For as Equites
Romani were chosen Ex censuy that is according to their sub-
stance and riches ; so be the knights in England most commonlie
according to their yearelie revenues or substance and riches,
wherewith to mainteine the estates. Yet all that had Equestrem
censurri) were not chosen to be knights, no more be all made
knights in England that may spend a knights lands, but they
onelie whome the prince will honour. The number of the
knights in Rome was uncerteine : and so it is of knights with
us, as at the pleasure of the prince. We call him knight in
English that the French calleth Chevalier, and the Latins
Equitem, or Equestris ordinis virum. And when any man is
made a knight, he kneeling downe is striken of the Prince or
his substitute with his sword naked upon the shoulder, the
prince etc: saieing, Soyes chevalier au nom de Dieu. And when
he riseth up the Prince saith Advances bon chevalier. This is
the maner of dubbing knights at this present, and the tearme
(dubbing) is the old tearme for that purpose and not creation.
At the coronation of a king or queene, there be knights
made with longer and more curious ceremonies, called " Knights
of the bath." But how soever one be dubbed or made
knight, his wife is by and by called madame or ladie, so well
as the barons wife ; he himselfe having added to his name in
common appellation this syllable Sir, which is the title whereby
we call our knights here in England.
The other order of knighthood in England, and the most
honorable is that of the garter, instituted by king Edward the
third, who — after he had gained manie notable victories, taken
king John of France, and king James of Scotland (and kept
them both prisoners in the Tower of London at one time)
expelled king Henrie of Castile the bastard out of his realme,
and restored Don Petro unto it (by the helpe of the prince of
Wales and duke of Aquitaine his eldest sonne called the Blacke
170
APPENDIX B.
prince) he — then invented this societie of honour, and made a
choise out of his owne realme and dominions, and throughout
all christendome of the best, most excellent and renowmed
persons in all vertues and honour, and adorned them with yt
to be knights of his order, giving them a garter garnished with
gold and pretious stones, to weare dailie on the left leg onlie :
also a kirtle, gowne, cloke, chaperon, collar, and other solemne
and magnificent apparell, both of stuffe and fashion exquisite
and heroicall to weare at high feasts as to so high and princelie
an order apperteineth. Of this companie also he and his
successors, kings and queenes of England, be the souereignes,
and the rest by certeine statutes and lawes amongst themselues
be taken as brethren and fellowes in that order, to the number
of six and twentie, as I find in a certeine treatise written of
the same, an example whereof I have here inserted word for
word, as it was delivered unto me, beginning after this maner.
[Cf. Smith i. 18.]
Esquire (which we call commonlie squire) is a French
word, and so much in Latine as Scutiger vel armiger, and such
are all those which beare armes, or armoires, testimonies of
their race from whence they be descended. They were at first
costerels or the bearers of the armes of barons, or knights, &
thereby being instructed in armes, had that name for a dignitie
given to distinguish them from common souldiers when they
were togither in the field. [Cf. Smith i. 19.]
Gentlemen be those whome their race and bloud doth
make noble and knowne. The Latines call them Nobiles &
generosos, as the French do Nobles. The etymologie of the
name expoundeth the efficacie of the word: for as Gens in
Latine betokeneth the race and surname : so the Romans had
Cornelias, Sergios, Fabios, Aetnilios, Julios, Brutos &c: of which,
who were Agnati, and therefore kept the name, were also
called Gentiles, gentlemen of that or that house and race.
171
DE REPUBLICA ANGLORUM
As the King or Queene doth dubbe knights, and createth the
Barons and higher degrees, so gentlemen whose ancestours are
not knowen to come in with William Duke of Normandie, do
take their beginning in England, after this maner in our tymes.
* Whosoeuer studieth the lawes of the realme, who so studieth in
the Universitie or professeth Physicke and the liberall Sciences,
or beside his service in the rowme of a capitaine in the warres,
can live ydlely and without manuell labour, and therto is able
and will beare the port, charge and countenaunce of a gentle-
man, he shall be called Master (which is the title that men
give to Esquires and Gentlemenne) and reputed for a Gentleman,/
which is so much the lesse to be disalowed, as for that the Prince
doth lose nothing by it, the gentleman being so much subject to
taxes and publicke payments as is the Yeoman or husbandman,
which he also doth beare the gladlyer for the saving of his
reputation. Being called to the warres what soever it cost
him, he will both arraie & arme himselfe accordinglie, and
shew the more manly courage, and all the tokens of the person
which he representeth. No man hath hurt by it but him-
selfe, who peradventure will now and then beare a bigger
saile than his boat is able to susteine. [Cf. Smith I. 20, and
1. 21.]
Citizens and burgesses have next place to gentlemen, who
be those that are free within the cities, and are of some sub-
stance to beare office in the same. But these citizens or
burgesses are to serve the commonwealth in their cities and
boroughs, or in corporat townes where they dwell. And in
the common assemblie of the realme to make lawes called the
parlement the ancient cities appoint foure, and the boroughs
two burgesses to have voices in it, and to give their consent
or dissent unto such things as passe or staie there in the
name of the citie or borow, for which they are appointed.
[Cf. Smith 1. 22.]
172
APPENDIX B.
Our Yeomen are those which by our lawyers are calledV
Legales homines^ free men borne English, and may dispend of
their owne free land in yearlie revenue, to the summe of
fortie shillings sterling. This sort of people have a certeine
preheminence, and more estimation than labourers & artificers
& commonlie live wealthilie, keepe good houses, and travell to
get riches. They are also for the most part farmers to gentlemen
& with grasing, frequenting of markets, and keeping of servants
(not idle servants as the gentlemen doth, but such as get both
their owne and part of their masters living) do come to great
welth, in somuch that manie of them are able and doo buie the
lands of unthriftie gentlemen, and often setting their sonnes to
the schooles, to the universities, and to the Ins of the court ; or
otherwise leaving them sufficient lands wherupon they may live
without labour, doo make their sayde sonnes by that means to
become gentlemen : these were they that in times past made all
France afraid. And the kings of England in foughten battels,
were woont to remaine among them (who were their foot-
men) as the French kings did amongst their horsemen: the
prince thereby shewing where his chiefe strength did consist.
[Cf. Smith i. 23.]
The fourth and last sort of people in England are daie
labourers, poor husband men, and some retailers (which have
no free land) copie holders, and all artificers, as tailers, shomakers,
carpenters, brickmakers, masons &c. As for slaves and bondmen
we have none. These therefore have neither voice nor
authoritie in the common wealth, but are to be ruled, and not
to rule other: yet they are not altogither neglected, for in
cities and corporat townes, for default of yeomen, they are faine
to make up their inquests of such maner of people. And in
villages they are commonlie made churchwardens, sidemen,
aleconners, constables, and manie times injoie the name of
hedboroughes. This furthermore among other things I have
*73
DE REPUBLICA ANGLORUM
to saie of our husbandmen and artificers, that they were never
so excellent in their trades as at this present. But as the
workemanship of the later sort was never lesse strong and
substantiall for continuance and benefit of the buiers. Certes
there is nothing that hurteth our artificers more than hast, and
a barbarous or slavish desire by ridding their worlce to make
speedie utterance of their wares : which inforceth them to
bungle up and dispatch manie things they care not how so they
be out of their hands, whereby the buier is often sore defrauded,
and findeth to his cost, that hast maketh wast according to the
proverbe.
But to leave these things and proceed with our purpose,
and herein (as occasion serveth) generallie to speake of the
common-wealth of England, I find that it is governed and
mainteined by three sorts of persons.
i. The prince, monarch, and head governour, which is
called the king, or (if the crowne fall to the woman) the
queene : in whose name and by whose authoritie all things are
adminstred.
2. The gentlemen, which be divided into two parts, as
the baronie or estates of lords (which conteineth barons and all
above that degree) and also those that be no lords, as knights,
esquiers, & simple gentlemen &c, it shall be inough to have
remembred them at this time.
3. The third and last sort is named the yeomanrie, of
whom & their sequele, the labourers and artificers, I have said
somewhat even now."
[Cf. Smith 1. 24..]
!74
APPENDIX C.
In the collation of the two MSS. no account is taken, as a
general rule, of variations in spelling, in punctuation, or in the
order of words ; of simple changes of conjunctions, prepositions,
relatives, demonstratives, or auxiliary verbs (e.g. and for or,
for rfor from, the for that, do for will) ; of interchanges of
singulars and plurals, present tenses and past; or of omissions
and insertions of insignificant words.
In the counting of the lines the chapter headings are not
included.
Words enclosed within square brackets are found in one
MS. and not in the other. Sim. indicates that the two MSS.
nearly but not quite verbally agree.
T = Trinity College MS. (1504); H = British Museum
MS. (Harleian 11 30).
p. 9. 1. 3, 4. Om. and special!, The first, is (T and H).
I. 4. Wher one doth rule (T).
I. 5. Om. the second (T and H).
1. 6. ' ApurroKparia and 6\iyapxia (T) ; 'ApurroKparia or 6\iyapxl&
(H).
L 7. dothe reigne caled Aif/uojcpart'a (T); doth rule called Aij/oo-
Kparia (H).
1. 8. understanded (T) ; understand (H).
1. 8, 9. supremest or highest (T) ; supreme and highest (H).
1. n. Om. and direct (T and H).
1. 13. That which the part that ruleth dothe designe or commande
(T); That which that part which doth rule, define or
command (H).
175
DE REPUBLICA ANGLORUM
p. 9. 1. 15. And a rule is alwayes understaded (H); As a rule is under-
stood (T).
p. 10. 1. 3. Lesbian (T).
1. 4. Om. right (H).
1. 5. eavery workmans (T and H).
1. 6, 7. worke streightest (T and H) ; who goeth streightest to the
streightness of yt (T); who goeth moste nighest to the
straightnesse of yt (H).
Heading of chap. 2. Om. or governement (T).
p. ro. 1. 13. the part that doth beare rule is to be (T).
1. 15. to be respectively good (T).
1. 17. that that is just (T and H).
1. 19. it is not muche out (T) ; it is not so farre out (H).
1. 21. profitable and appearance (T and H).
1. 22. just and right and appearance of right (T and H).
1. 23. Om. and Soveraigne (T and H).
1. 24-26. the just man may, for his just and true meaning, who
would amend (T and H).
1. 27. doe profitt (T and H) ; For asmuch as (T) ; For as (H).
p. 11. 1. 2, 3. putt, be by the law justly condemned, yf he be to be
condemned and justly so accompted who is condemned
for doing contrary (T) ; Sim. H, but if he be to be
accounted justlye condemned who.
1. 8. multitude or great (T and H).
1. 10. another subdivision (T); an other division (H).
1. 13. cal /SacriXeia or kinge (T) ; cal a kinge or /SacnXeia (H).
1. 15. th' one they call the goverment of the best dpiaroKpariav (T).
1. 16. potentiam optimatum (T).
1. 20. politian (T).
1. 24. &TdKTOI> (H).
Heading of chap. 4. Examples of changings...govermentes (T).
p. 12. 1. 2, 3. by diversities of tymes all these chainges of rules and gover-
ment have been seene (T) ; by diversities of times all
these maners of rules or governments hathe beene seene
(H).
1. 3, 4. As in Rep. Romana first there weare kings, as Romulus,
Numa, Servius, secondly there were tyrants as Tarquinius,
Sylla, Caesar, thirdly there was (T).
1. 5. best men or dpicrroKparia (T).
1. 6. fourthly the usurping (T).
1. 8. secession of the Triumvirate (T) ; secession for the Tribu-
nate (H).
1. 9. Om. manifestly in the (T).
1. 11. and after in (T and H).
176
APPENDIX C.
p. 12. 1. 12, 13. Fifthly was the common wealth and rule of the people as
dij/MOKparia at the time of the expulsing (T).
L 14. long tyme after (T); Om. was (T).
1. 15. as some will (T and H).
1. 16, 17. After this was the rule of usurping of the rascaltye (T).
1. 18. Scylla his rule (T) ; Syllas rule (H) ; Caesars rule (T and H).
1. 21. Syracuse, of this hathe Lacedemonea (T) ; Syracuse, of this
fate Lacedemon (H).
1. 27. and so to decay (T) ; and so decay (H).
p. 13. 1. 3. Om. bodie (H).
1. 5. So then when (T).
1. 7. rather sicknesses of a (T and H).
1.8,9. °m- if- estate (T).
1. 11. wrongefull (T).
1. 15. meanes possible (T); to dissolve and abolish (T and H).
1. 15. them. Great (T).
1. 16. courages have [hath] taken one parte and this made Dion
(T and H).
1. 17. Om. up (Tand H).
1. 19. and have (T); and hath (H); many common wealthes (H).
Heading of chap. 6. Om. or govemements and most (T).
p. 14. 1. 2, 3. three kinds, and ech of them into two; yet (T).
1. 3. must not thinke (T).
1. 6. have devised (T).
1. 14. any common wealthe (T and H).
1. 16. made of the one above named (T and H).
1. 19. Om. person (T).
1. 20. Om. that to be the estate of (T and H).
P- 15- !• »« A tyrant they do define to be he that by force (T).
1. 4. maketh new (T) ; Om. and consent (T and H).
1. 5. wealth of his people (T and H).
1. 6. advantage and advancement (T).
1. 10. In one sorte a man may be (T); in sorte that one may
be (H).
1. 11. getting of the rule (T and H).
1. 1 4. violence to the rule (T and H).
1. 15. better orderinge (T and H).
1. 16. although eache after (T and H).
1. 21. Commodus sone upon (T) ; Commodus very shortly after
(H).
1. 24. their rule (T and H).
1. 25. as [all] the good Emperors of Rome after Caesar Octavius
and the better Popes of Rome (T and H).
1. 30. Caesar only (T).
II
177
DE REPUBLICA ANGLORUM
p. 16.
p. 17.
p. 18.
p. 19.
2.
7-9-
14.
si, 22
22.
23-
6,7-
9-
12, 13
*5'
16.
16, 17
18.
20.
23-25'
24.
27.
28.
3-
11.
14.
15-
16.
i7-
25, 26
27.
27, 28
28.
28-p.
1.
3-
4-
6.
r3-
»7«
18.
19, 20
1. 24.
dpuTTOKpariap (T and H).
(?/«. or by...onely (T).
this absolute (T and H).
would use it (T and H).
vofj.ifj.7]v (T and H).
regular by lawes (H).
woulde not any to be Dictator (T) ; did not suffer any man
to keepe the Dictateur (H).
Greekes call (T).
. maketh this especially, intreatinge of rulers one kind of
kings (T) ; maketh this espece of rulers one kind of kings
(H).
as such who (T and H).
family (T and H).
. Om. derived... bodies (H); of their loynes (T).
who absolutely ruled over [upon] (T and H).
rude and ignorant people, one whom (T and H).
justice (who. ..of him) he, I saie, for that (T).
were in manner but (H).
yea almost when (T).
was so highly esteemed that he was takne (T).
Om. at the first (T and H).
yea some were (T).
Domitian : for these causes that kind (T).
Om. at the first (T); Om. taken (T).
Om. vice of the (T).
he is accompted a tyrant (T).
. from whence (H).
kon-ning (T); kunninge (H).
kan or kon (T and H).
betokeneth to end or understand (T).
19,1. 1. Om. to know... betokeneth (H).
kan or kon (T).
sciens aut prudens homo (T) ; prudens aut sciens homo (H).
verbe also of the other, as in some places and in the older
language, I can this (T).
can not understand (T and H).
vanquerer (H).
investiture of the Empire (T and H).
Om. or forraine (T and H).
. of God himselfe, his people and the sworde of the crowne
(T); of God and himselfe, his people and sword, the
crowne (H).
appease the people (T).
178
APPENDIX C.
p. 19.
p. 20.
Heading
29.
30.
32, 33
i'
9-
10.
i7-
21.
25.
3-
4-
5-
7-
9-
12.
1 4-
iS» I0
24.
26.
of chap.
4-
7-
9-
10.
14-
15-
21.
*3-
»$■
26.
27.
28.
consciences of his people (T).
yearly to be payed (T).
act neither approoved of (T and H).
accorded by act of (H); accorded by consente of (T).
. neither did [H. neither to] bind the king then nor his
successors people or realme [now] (T and H).
Therefor hereafter the better to be understood (T) ; To be
better understanded hereafter (H).
an other division (T and H).
Om. together (T).
preservation (T); Om. as well...warre (T).
abusive (T and H).
which once paste (T) ; ech man divideth (H).
communinge (T); commoninge (H).
and som reason (T and H).
mary it is (H).
yet that made (H) ; Om. so (H) ; yet that made not a common
wealth neither can be so called, because (T).
Om. of the husbandman (H).
onely looked for (T and H); or pacte (T); or parte (H).
as Esaie sayth (T).
made me? Now the (T); made? Now the (H).
Lorde, and received and reckoned (T) ; Lorde and maister,
received among (H).
but as part (T and H) ; possession of the goods (T).
. other redresse of administration (T).
Om. wealth (T and H).
Om. Remp. or (T).
11. The first force (T); The first sowrce (H).
family for the continuance of societie (T); family for the
societie or continuance (H).
to defend etc : the woman (T).
labor etc; as for the nurture (T); [a blank space is left in
H after "labor for''],
it is the charge (?) of them both (T).
Om. faire (T).
Ech of them (H).
we be so naturally (T and H).
to say avOponros (pixret. fwov £<tti (taWov awdvaffTticor i)
■woXirtKov a man (T and H).
to beard (T and H).
all beasts (H) ; Of all living creatures man (T).
politike, and [he] cannot [well] (T and H).
Om. and fellowship (T).
M 2
l79
DE REPUBLICA ANGLORUM
p. 23. 1. 1. Om. wild (T).
1. 3. Om. in (T) ; and it is nothing else but a private (T).
1. 5. &pi<TTOKparla (T and II).
1. 8. in other thing (T).
1. 10. greater wit (T) ; greater courage (T).
Lit. to the woman he hath given (T).
I. 13. to constrain the man (T).
1. 15. Om. two (T).
1. 17. bonde or freemen, their householde stuffe (T).
1. 20. marie they cannot yet (H) ; apiaroKparLa (T and H).
1. 31, 22. fiercKpopiKws (T and H); but in an house (H) ; and as it
wear a little sparke of that governement civill (T) ; sparke
as it were like to that governement (H).
1. 25. Om. so that it (T).
1. 26. Om. wel (T); in one house (Tand H).
p. 24. 1. 3. children by mariage begin (T).
1. 5. an other new house (H); familie arisethe (T).
1. 7. Om. and so. ..another (H); and so by space and time (T).
1. 11. by their common (T and H).
1. 14. Om. the first and most naturall (T).
1. 19. or in going about (T) ; Om. or any wise (T).
1. 20, 21. of whom he had all. And (T and H).
1. 21. therefore he doth (T); therefore he will (H).
1. 22. absolute example of a perfect king (T).
1. 24. of his body (T).
1. 25, 26. for them all and every one of them: they (T).
1. 26. than they all or any one of them (H).
1. 29. causes (T).
1. 30. coming (T and H).
1. 31. no vigoure (T); no rigoure (H); every paine (T).
1. 32. tooke as laide (H) ; took as put (T).
p. 25. 1. 1. When the great (T).
1. 2. did first amongst (T).
1. 3. reverence of any one (T).
1. 5, 6. amongst whome (H); to the other that they had in him,
amonge whome (T) ; it doth amonge brethren (T) ; it
fareth amongst brethren (H).
1. 7. risen: yet notwithstanding (T); Om. yet (T).
1. 8. strangers to them (H); unknowne and strange unto them
(T).
1. 12, 13. fay led his yere and time for ignorance (T); fayled this
yere or time for ignorance (H).
1. 13-15. in next beinge wyser of his selfe his brothers fault or error
he amended. And (T).
1S0
APPENDIX C.
P- *5-
1. 20.
1. 22.
1.25-
26. 1.
1.
5-
1. 6, 7.
1.8.
1. 12.
1. i4.
1. 15.
Heading of chap,
1. ,9.
1. 13.
p. 27.
L 37-p.
I. 1.
1.2.
1-3-
1.5.
1. 6, 7.
I.9.
1. 10.
1. 11.
I.13.
1. 26.
1. 28.
1. 29.
Heading of chap
p. 28. 1. 2, 3.
I.4.
1.8.
1. 9-1 1.
1. 12.
1.13-
I.14.
1.21.
1. 22.
families together within themselves (T).
not much differinge (T).
urgent causes and agreed upon som (T and H).
wisest and sagest (T).
Om. and maintaine (T).
and who shoulde (T and H).
so make them (T).
walshe and barbarous (H) ; wealphe and barbarous (T).
seemeth to be (T).
Om. number (T and H).
14. The first sowrce (H) ; Om. originall or (T) ; Om. rule of
the (T).
Om. all (T).
eche setteth then merites (T); eche having their merites
(H).
27, 1. 1. Om. such as (H); fewe, for two things for which
men that be in societie (T).
men who be (H) ; strive for (T and H).
profitte. No (T).
herein (T and H).
to make more magistrate[s] (T and H).
rulers, so that eche man in his turn or els by lot might (T).
commeth by (T).
Om. old (H).
Om. of birth (T).
who should best goveme (T).
for the sowrce (H).
resp: populi (T).
other some sensum potestatis (T).
.15. ought to be (T); nature of the countrie (T).
Om. governement in (T).
alwayes arise of tribulations and malice (T).
or eche species or kinde (T).
given which agreeth as you would put a garment fitt to a
mans body or a shoe fitt to a mans foote so the body
[politicke] is in quiet (H and T); profit thereby (H
and T).
to a contrary kynde of (T).
is either to greate or to little (T).
doth lett and comber and hurt (T) ; doth hurt and comber
and letteth (H).
Prince or [and] ruler beinge sett at their (T and H).
with insolencie (T and H).
1. 23, 24. and so scatter (T).
181
DE REPUBLICA ANGLORUM
p. 28. 1. 27, 28. Om. as. ..others (T and H). [H inserts a marginal note —
" Graeci, Romanj, Samnites, Vandalj, Dani, Norwegi,
Suets." This note reappears in some of the later printed
editions (e.g. 1601) — " Graeci, Romani, Samnits, Vandali,
Dani, Norwegi, Sueti." Notice that the order in the two
cases is the same, and that two names not belonging to
the text are inserted. This precludes coincidence.]
1. 29. we must (T); must ye (H).
p. 29. 1. 7. after his (T and H).
1. 10. Om. part of (T and H).
1. 12. Om. of (T and H); who when (T); chiefest (T).
1. 13. the chiefe consult (T); the chiefe consulteth (H).
1. 15. as the Lumbards did (T) ; as the Lumbards (H).
1. 17. Swizerds (T) ; Swiss (H).
1. 18. cuntry (T); Om. yet (T and H); Om. else (T and H).
1. 19. taketh the rule (T and H).
1. 20. populacie (H) ; popular sorte (T).
1. 21. Vicentians [did] at the erection of the citie of Venice
(T and H).
1. 22. Om. before (T).
1. 25. it standeth by (H).
1. 26, 27. Om. the multitude... make (T).
p. 30. 1. 2. Om. of the commonwealth and (H).
1. 3, 4. for they be (T); and as of the goods (T).
1. 5. And in this (T and H).
1. 24. base age (T and H).
L 26. to meddle (T).
1. 28. do never want (T).
1. 29. defaultes (T); defaulte (H).
1. 31, 32. wealth: and is one this wise (to witt) of them (T).
!• 32> 33p beare rule and of them (T); office, and which bearethe
none. Those be called (H); the one be called (T).
p. 31. 1. 1. other private (T and H); Another order was (T); Another
was (H).
Romanes caled Patricii (T).
a great while (T) ; those that were patricii (T and H).
them [those] that were plebei (T and H); rule among[st]
them till (T and H).
magistracie was (T) ; unto them as well as to the other
(T and H).
had they (T and H) ; among[st] (T and H).
dr/fjLOTiKovi (T and H) ; Frenchemen (T) ; Om. also (T and H).
le populace (H).
do commonly divide our men (T).
182
1.
2.
1.
3-
1.
4-
1.
5-
1.
6.
1.
8.
1.
9-
1.
10.
APPENDIX C.
p. 31. 1. 11. citizens or burgesses (T and H).
Heading of chap. 17. Of the parts [parties] of the commonwelthe of Englande
(T and H) ; Om. called... maior (T and H).
1. 20. or highest in (T and H).
1. si, 22. For a Dukes eldest sonne (T).
1. 22. Om. called (T and H).
1. 23. Om. is... of (T and H).
1. 23, 24. a viscounts son a barron (T) ; Om. else (H).
1. 26, 27. the good service and advauncement (T and H).
p. 32. 1.6. and Erles sonnes (T and H); Om. and...earle (T and
H).
1. 7. Om. which (H).
1. 8-10. barrons, yet by law and use they be esteemed barons.
The (H).
1. 11. degree of the Senators (T).
1. 11, 12. title of nobilitie as we use to call in Englande to patricii
(T and H).
1. 13. filios, afterwards they were called darissimi (T and H).
1. 15, 16. in yearly valew (T).
1. 20, 21. the decay be excessive (T and H) ; Om. be (T and H).
1. 22. moti (H); remoti (T).
Heading of chap. 18. Om. may (T).
1. 27. which name (T and H); Om. of prince (H).
p. 33. 1. 4. Om. he or (T).
1. 5. mon Seigniour (T).
1. 6. a Prince (T).
1. 7. none ar borne (T).
1. 8. Om. the more (T).
1. 9. after for advauncement (T); after as an advauncement
(H).
1. 10. Om. and manhood (T).
L 18. for the vertues (T and H).
1. 20. Om. and ours (T).
L 41. Om. in all pointes (T).
1. 22. Om. any (T).
1. 23. doth agree with (H); al commonwelthes chainge (T).
1. 25. diversities of times do give present (H).
1. 28. wherwith (T).
1. 29-31. Om. chosen (T); Om. according... commonly (H).
p. 34. 1. 2. spende (T and H) ; Om. or fee (T and H).
1. 3. Prince (T) ; Om. so (T and H) ; Equites is (T).
1. 4. Om. it (T and H) ; knightes, for it is at (T).
1. 6-7. [findeth] his own horse himselfe (T and H) ; as in the time
of peace (T).
183
DE REPUBLICA ANGLORUM
p. 34. 1. 7-8. Om. and...warres (T and H).
1. 10. times and at a (T); times at (H); Om. but in Englande
(T and H).
1. n-12. gap in MS. between may and by (H).
1. 13. prince or at the (T).
1. 14. at the making (T and H).
1. 16. take the honour of a knight (T).
1. 18. had rather do. (H and T).
1. 20. that abilitie (H); that authoritie (T).
1. 25. valew (T).
1. 30. in Englishe (H).
1. 33. In making (T and H).
p. 35. 1. 6. Om. house (T).
1. 8, 9. we shall speake (T and H). Now whereupon (T).
1. 10, n. more than miles (T).
1. 12. Om. might... question (T and H).
1. 13. Om. rather (T).
1. 14. wagior (?) (H).
1. 16. solduros (T and H) ; Om. men (T).
1. 22. oth, execration or (T and H).
1. 24. Lands knights (H).
1. 25. land (H).
1. 25, 26. although now they (T); Om. at this day (H); Om. for...
hirelings (T).
p. 36. 1. 2, 3. Frenchmen call (T) ; or hominem equcstris (T).
1. 8. sous chevallier (T); the tyme (H).
1. 9. and [then] when he riseth (T and H).
1. 10. advaunces (T); avaunces (H).
1. 14. longer (T and H).
1. 18. Om. in common appellation (T).
1. 20. after (T).
1. 27. had [had] manie .noble (T and H).
1. 28. Om. being (H).
1. 32. prince, his eldest sonne (T and H).
P- 37- 1- 3- m all vertues (T and H).
1. 4. honourable title (T).
1. 5. enorned with golde (T and H).
1. 6. Om. of gold (T).
1. 12. Englande be the heade (T and H).
1. 19. senngerum (?) (T).
1. 20. Om. which beare armes (T).
1. 21. armeros (T).
1. 22. which do beare a buckler or som other thinge as a testi-
monie (T).
184
APPENDIX C.
P. 38.
P- 39-
p. 40.
3-
3-7-
6,7
8.
9-
10.
1 1.
1. 2. and [by] that being taught in amies had that name (T
and H).
8. Om. all (T); calleth all them now (H).
10. to be honour (T).
1 1. for his vertues (T and H) ; few (H).
15. riches (T).
17. Om. within (T).
19, 20. Om. 6*«.f...sirname (T).
20, 21. Sergios, Claudios, Fabios (T).
22. of which som were (T).
23. gentille (T); being [yet] remaining (T and H).
28. olde stocke (T) ; olde smoke (H).
2. be misliked (T) ; Om. Thus the (T and H).
had ever such adoe with such men (T) ; those men (H).
Om. those... Achilles (T).
Aeacidae, Thersitae (H).
But all other (T).
Om. that is (T and H).
is to have it (T) ; and as vertue (T and H).
obtained for the example (H); maintained for the example
(T).
progenitors, for the abilitie to give to their race better
education and bringing up for the enraced love of [the]
tenants and [or] neighbours to such noblemen [and
gentlemen of whom they holde and by whom they] doe
dwell. (H and T).
Om. which. ..steps (T and H).
Om. so... prince (T and H).
merit to deserve (T and H).
doth make but (T and H).
them barons (T) ; the barons (H).
which is commonly saide (T); that is saide (H); ftteris
(T and H).
which the tytle shall beare that the said Heralde hath
perused and seene ould regesters (T) ; past have borne
the same (T); which the title shall beare that the said
Herauld in tyme past had borne the same (H).
Om. of that man (T).
Om. for sundrie (T and H); which he hath done by the
authoritie (T and H).
1. 17. in armes (T); he giveth (T and H).
1. 18. Om. being (T and H).
1. 19. an esquier (T and H).
1. 20. Thes men (T and H).
185
1. 12-16.
L 16, 17.
I.24.
L 27.
1. 29.
I.30.
1. 6.
1. 8-12.
16.
DE REPUBLICA ANGLORUM
9-
<3
'4
i5
.6,
i/
i9,
20,
12
H
*5
4-
5-
6.
7-
8.
9, io.
16.
17, 18
21, 22
24.
27.
28.
29.
I, 2.
3-
6.'
16.
19.
22.
24.
25-
26.
3i-
1.
no, in any (H).
Om. and keepe (T).
every shew (T); peculiar (T).
wide (H).
so much diminish (T and H); Om. As (T and H);, For
other outward respecte (T).
counted (H).
arme himself accordinglie (H).
Om. also (T and H); manlyke (T).
higher courage (H).
more liberalise (H) ; more liberall (T).
idle men (T and H).
Om. hereby per chance (T and H).
he himself (T); As for (T) ; For as for (H).
such that have to do in it (T).
Om. are to (T and H).
appointed thereunto (T); Om. persons (T and H).
no (T and H).
Om. save (H).
which be called in (T).
iiij. the borough (T).
Om. to give (T).
Om. for... appointed (T and H).
hominem, this name is known and familiar (T).
. to writtes (T and H) ; which is an Englishe man freeman
borne who may (T).
, v-vi (H) ; at this daye (T).
Om. yet (T).
keeping (T).
to gett (T and H).
and with (T and H).
idle servants (H) ; idle ones as do gentlemen (T) ; Om.
both (T).
they do arise (T).
schooles to (H) ; schooles at (T).
as for distinction as (H) ; and for distinction thus (T).
thus John (T); esquier, if he be not esquier John Finche
Gentleman (T and H).
and ar to be (T) ; Om. number of the (T).
and such [beinge] the lowest (T and H).
be to be (H); Om. the number of (T).
populacie (H); popular sorte (T).
iroWa /j^ffOKrw apicra (T and H).
delivered of yt (T and H).
APPENDIX C.
p. 44. L 3. Om. yet (T and H).
1. 4. wisheth (T).
1. 5. uppon their owne (T) ; at their owne (H).
1. 6. they have their (T and H).
1. 10. hym and his (H).
1. 11, 12. who hathe adventured his (H) ; for and with (T).
1. 16. Om. so... call (T).
1. 18. Lorde, I meane, (T and H).
1. 19. for otherwise (T).
1. 20. nor ever (T); making any (T).
1. 28. kynde of cowardlines (T).
1. 29. they had or helde (T).
1. 30. as from (T).
1. 32. yeomanry (H); England joyned together might go through
the worlde (T); Om. are renowned (H).
p. 45. 1. 1. and we always (T); as we always (H).
1. 7. remained (T and H).
1. 10. Om. shew (T); his chiefe strength (T and H).
1. 13. as young men [man] (T and H).
1. 14. any man yeoman untill (T).
1. 16. Yonger (T).
1. 17. Possibly (Tand H).
1. 18. to call (T).
L 20. some lowe (H); they hearde that name by frequentation
used of the lowe (T).
1. 21. Om. yet (H).
1. 22-24. and being so called amonge them to be counted smale
gentlemen or younger men; they calling in the warre by
mocking or sporte one an other when they come home
used still this name younger man (T); Om. to be (H);
they calling (H) ; mocking (H); sport on an other (H).
1. 27. howsoever (T).
1. 28. yonger (T); yonge (T).
p. 46. 1. 2, 3. censi pUgtarii (?) or optrarii (T).
1. 4. marchantes retayners (T).
1. 11, 12. yeomen, they are fayne to make their inquestes of such
(T and H).
1. 19, 20. maintained (T); maimed (?) (H); sortes and manner (H);
Monarchi or (T).
1. 23. The second sorte is the (T).
1. 24. two sorte (T).
1. 25. which contayneth (T and H).
p. 47. 1. 1. simple (T and H).
1. 5. officers (T) ; Om. and collection of (T and H).
187
DE REPUBLICA ANGLORUM
p. 48. 1. 1. Om. of the realme (T).
1. 2. is the Parliament (T) ; is in the Parliament (H).
1. 4. gentrie (H).
1. 5. there is (T and H).
1. 8. nobilitie and Lordes (T and H).
1. 15. parties must eache appeare and after that (T); apart (H).
1. 17. unto it and alloweth it (T).
1. 19, 20. apply himselfe to defend and obey it (T).
p. 49. 1. 8. defineth out (T).
1. 25. sendeth out (H); prescripts (T).
1. 29. from the day (T).
p. 50. 1. 1. Om. at the least (T).
1. 2, 3. admonish every shire (T).
1. 4-6. Om. to heare.. .shire (T).
1. 6. all upon that day (T).
1. 7. ancient (H).
1. 9. Om. there (H) ; may be ther present the first (T).
1. 11. who are present (T).
1. 12. appointed (T) ; voice of the (T and H).
1. 13. is counted (T) ; yoman I call him (T).
1. 16, 17. the most voices (T).
1. 18. likewise also (T).
1. 22. hie house (H); T Meg.
1. 26, 27. as his proctour and (T); a voice for him (T).
p. 51. 1. 1. place whereby (T).
1. 5. side of that house (H).
1. 11. of any doubt that ariseth (T).
1. 14, 15. who give [geveth] their consent (T and H); Om. is given
(T and H) ; every man (T).
1. 16. Om. severally (T).
1. 1 7. proxies or letters for (T).
1. 18. onely thus (T).
1. 23. number of three or fower (T).
1. 25. Om. or chamber (T).
1. 26. declaring also (T).
1. 3 r. comming altogether (T).
p. 52. 1. 1, 2. Om. the commons (T); chancellor againe (T).
1. 7, 8. requireth (T and H) ; of the prince (T and H).
1. 11. Secondly that without offence of his majestie (T).
1. 12, 13. Om. in disputing (T).
1. 14. Om. and... Majestie (T).
1. 16-18. him, that they which wear called to his highnes courte
mighte (T) ; Om. themselves (H).
1. 23. might have (T).
APPENDIX C.
P-5»-
P-53-
P- 54-
P- £5-
Lh,
25. he will not abuse those that have (T).
L 28,
29. done the first day (T).
1- 33-
Om. house (T).
1.3.
either with (T).
1.6.
reasonablely (T).
1.8.
dispute (H).
1. 13.
Om. againe (T).
1. 14.
Om. and... question (H).
1. 16.
Om. here (T).
1.17.
18. you contented (T); And yfe the non contents be more
than the contents (T).
1.19.
antiquated (T and H) ; Now if (T).
1. 24,
25. asketh by (T) ; sayinge (T).
1. 29,
30. Om. and so...actes (T).
1. I.
Om. busie (T).
1-3-
moe, if they will have one of them read (T) ; redd (H).
I.4.
lowest (T).
1-5-
Om. seate or (T) ; for the nonce (T and H).
1.8.
Om. first (T).
I.9.
Om. point (T and II).
1.13-
sundry dayes (T).
I.15.
observed (T).
I.19.
Om. yet (T).
I.23.
whom he dothe (H).
I.24,
25. as thus he (T) ; will the bill and gave this and this reason
doth not satisfye but I am of the contrary opinion for
this and this reason (T).
I.24.
spake (H).
1. 26.
ins. ad fin. doth not satisfie, but I am of the contrarie
opinion for this and this reason (H).
1. 29.
replie againe (T).
L31.
Om. in that house (T).
I.32.
all the whole time (T).
1-5-
but also (T).
1. 10.
moste sweet (T) ; moste doulce (H).
1. 12,
13. may. Ordinarily (H); time, at (H).
1. 13.
or haste (T).
1. 20,
21. upon by the reader they subscribe thus (T).
I.21.
stmt (T).
I.33.
downe againe (T).
I.24.
sont (T).
1. 27.
understanded (H).
1. 28.
then sometimes (T).
1. 29.
Om. that a (T).
189
DE REPUBLICA ANGLORUM
p. 56.
P- 57-
p. 58.
• 4-
. 10.
. 14.
• 17-
. 18.
• n-
. -26-28
• 32. 33
■ 4-
. 11.
. 14.
• i5-
, 17.
. 18.
.27.
. 28-30.
I.31.
1-33-
1. 1.
1.7.
1. 12.
1.13-
1. 16.
1. 17, ll
I.19.
1. 20.
Heading of chap.
I.13.
P- 59-
1. 2.
1. 9, 10.
1. 10.
1. 11.
I.13.
1. 22.
1. 26.
1.33.
consent (T).
Om. ech man (T).
if (T and H).
lower (T).
thrise (T).
ifhe(T).
thus up the bill (T).
And if it be doubted (T).
Om. So. ..part (H).
certaine committed commonly of them (T).
these committed (T).
before sayde (H).
in his seate and all (H).
seates (T and H).
Om. there (T) ; thanksgivinge (T).
Om. &c (T) ; and then in (T).
shall be (T and H), and then (T).
sayth that the prince hath well viewed and weighed what
[the things which] hath [have] been moved and presented
[represented] and debated amongst the Lords and them
[then], and thereupon [therefor] will shew his mynde
that their doings might have perfect life [lighte] (H
and T).
they may have (T).
season (T).
Om. &c (T).
Om. benefit or (T).
sadvise (T and H) ; counted (T and H).
none (T and H).
all other (H); have spokne (T).
. and by none (T) ; forcible (T) ; make the forfaiture (T
and II).
man anewe (T); man of new (H) ; law made (T and H).
Om. saide (T); saide partyes (H).
3. Monarchic (T).
Monarchic (T).
only with the advice (T).
participate his mynde (T) ; as many as (T).
Om. shall (T) ; concerning such (T).
forren nations or Princes (T).
ambassages (T).
or any other deadly (T).
sudden warre in open (T).
Om. all (T).
19O
APPENDIX C.
p. 60. L 9. decryinge (H) ; of the monies (T).
1. 13. the princes pleasure and discretion (T).
1. 15. for the coine (H and T).
1. 26, 27. there was ever (T and H); betwixt (T and H).
1. 29, 30. "booke of Monies " (T).
1. 32. Om. by the Parliament (T).
p. 61. I.3. for paynes of (T).
I.5. whereas (T); Om. the forfaite (H).
1. 6. the one parte is to (T) ; is to (T).
1. in abolicion (H); stat (T).
1. 13. But notwithstanding (T and H).
L 22. Om. certaine (T).
1. 24. excitations (T).
1. 27. hath hurte (?) or (T).
1. 30. of any parte of a man (T and H).
1. 31. Om. in the name (T).
p. 62. 1. 3. halte (T); justiciars (H).
1. 4. and so L: Marquesse (T).
I. 9. landes one (T).
1. 10. fooles, naturalls, (T).
1. 11. madd (T and H) ; continue, especially (T and H).
1. 14. have growne (T and H).
L 16, 17. who can take (T and H) ; with inverted commas "who...
hand " (T).
1. 17, 18. and if it were governed as it might be (whether it be or
not let [left] others [other men] judge) there is not so
much ( H and T).
1. 23. of the Lawes and Lawyers (T and H).
p. 63. 1. 1, 2. understanded of them of the realme (H).
Heading of chap. 4. wherein our (T) ; others (T).
1. 8. which is as much to say [as] (T and H).
1. 15, 16. where (T and H) ; common wealthes ar most (T).
1. 17. first (T); 1. (H).
L 18. secondly (T); 2. (H).
1. 20. thirdly (T) : 3. (H).
1. 22, 23. fourthly (T); 4. (H); ellectinge chief (T).
1. 26. Om. himselfe (T).
p. 64. Heading of chap. 5. manner of trialles (T); fashions of triall (H).
1. 6. maner (T and H; also ed. 1584).
1. 7. betwixt... betwixt (T and H).
1. 12, 13. and the last day allowed by (T).
1. 16. intromell (?) (H).
Heading of chap. 7. Triall or (T).
p. 65. I. 7. Om. ever (T).
I9I
DE REPUBLICA ANGLORUM
p. 65. 1. 9. thus described (T and H). H leaves a space after Briton
as if for the description.
1. 10. The other two (T and H).
1. 14. Om. either (T).
1. 20. Om, them (H); we call in our language (T).
1. 27. mary we call (T and H).
p. 66. 1. 2. Om. necessarily (T).
1. 3. pleader (T and H).
1. 5. if he proceed (T).
1. 5-7. we call him appealer. The other (T).
1. 6. appealer or appealor (H).
1. 8. we call him prisoner (T).
1. 11. Judex also (H).
1. 20. evil demeanure (T).
1. 25. ar deprived (T); is dispoyled (H).
p. 67. 1. 14. for himselfe (T and H).
1. 22, 23. possessore, to aske one to keepe (T).
1. 27. call (T).
1. 33. of the kings (T).
p. 68. Heading of chap. 10. tribunall benches (T).
1. 5. straight after (T and H) ; Om. thing (T).
1. 11. the Tribunals (T).
1. 14. to be hearde and pleaded, especially (T).
1. 20. and other men (T) ; Om. called (T).
1. 21, 22. Om. they (T); may be called (T).
p. 69. 1. 5, 6. wher judgment is exercised the one (T and II).
1. 7, 8. and the other in all civill (T and H) ; Om. then (T and H).
1. 12. Om. no (H).
1. 17, 18. which was Justitium (H) ; justicia (T).
1. 20, 21. Om. ten daies during (T) ; Om. at the least (T); from
[blank in MS.] about v or VI weeks (H).
1. 21, 22. After Christmas from [blank in MS.] till about three (H) ;
after Christmas till about three (T).
1. 23, 24. 8 dayes after Easter to about xix or XX dayes (T).
1. 23-26. Then after easter from viii dayes after day after Trinity
Sunday till about three weeks more. All (H).
1. 24-26. Likewise the 8th day after Trinitie sunday till about three
weeks more. All (T).
p. 70. 1. 4. pleade yt (T and H); Om. but unto that (T and H); I
meane (T).
1. 10. with more ease (T).
1. 16. of those that (T).
1. 17. have so much (T).
1. 23. contented (T).
192
APPENDIX C.
p. 70. 1. 15, 26. attornies and sergeantes [at the lawe] (T and H).
1. 30. and those other (H); it made (H); Those other by his
judgment is made no (T).
1. 31. they had (T); injustice they had (H).
1. 32. thus I (H).
p. 71. 1. 1, 2. aKpifioSucaiov (H); aKfu^oSiKas (?) (T).
h 7. exactions (T).
L 8, 9. dolis (?) (T); Om. mali (T).
1. 13. ancient law (T).
1. 15. Om. wherein he is (T).
L 15, 16. hath this as in the solemne forme (T and H).
1. 16-20. T places "And...appertaine" within inverted commas.
1. 1 7. cause (T).
1. 23. constrained (T); by no rigour nor (H).
1. 26. usuall forme of pleading and properties (T) ; usuall form of
pleading and proper (H).
p. 71. 1. 2. in the law (T and H).
1. 4, 5. Om. two (T and H) ; exercise, whereof two (T and H).
1. 8. number of [blank in MSS.] (T and H).
1. 9. These hath (H) ; These had (T) ; one ordinarilie for a
stypend (T).
1. 10. ins. the two, the chiefe, th' one to the somme of [pds.]
[blank in MSS.] the other to the som of [blank] the
rest [pds.] [blank] a peece (T and H).
I. 23. Om. remaineth (H) ; strife as a matter helde (T).
1. 24. can issue out and be voided (T and H).
1. 27. Om. our (T).
p. 73- 1- 4- that fashion (T and H) ; which is called (T and H).
1. 5. demurr (T); Om. where (T and H); cause (T).
1. 6. to be doubtfull (T) ; this is (T and H).
1. 7. cause (T).
1. 9. Om. helde for (H) ; holden for (T).
1. 10. and [the] lande (T and H).
1. 1 1 . anie parte (T).
1. 14. no more (T) ; but still (T).
I.18. So that in that case (T and H).
1. 19, 20. doubtfull that it is ended, that in the answere (T and H).
1. 21, 22. triplication etc [and so forth], the matter is concluded in
the pleadinge (if th' exception be not vaylable) the Judge
out of hand deciding. And (T and H).
1. 22, 23. must graunte (T and H).
1. 28. former etc. (II).
p- 74- I- I, 2. Om. or barre the partie (T and H).
1. 3. prove it (T and II).
N
193
DE REPUBLICA ANGLORUM
p. 74.
P- 75-
Heading
p. 76.
P- 77-
p. 78.
194
issue ; streighte all (H); and the question (T).
the one or the other (H).
civill lawes manner (T).
thear the Sergeantes (T).
Om. before the Judges (T).
Om. determine (T).
Om. of the one partie (T).
either wonne (T).
have any (H).
and all the rest (H) ; shall serve (T).
Om. as this (T).
easye to understand (H).
peradventure make judgment contrarie (T and H).
at large (T).
chap. 14. Om. court of (T and H).
20. officers as [several lines left blank] (H).
Reife or Baylife (T); bailiff (H).
uppe the accompts (T); Om. the profittes of (H).
Om. thinks (H).
as of other that commeth (T).
tents, unzismes (?), taxes (T).
account be they (T).
they have (T and H).
ratiocinales (H).
whereof one is called (T).
Tribulus (T).
as we (T) ; as ye (H).
declaratores (H) ; Om. part of (T and H).
in the la we (T and H).
after the fashion (T and H).
as by (H and T) ; Om. men (H).
publicani (T and H).
32. Om. of the commaundementes (T).
Om. for the most part (T).
Earls office (T).
mercements (T) .
ia. of latines (H) [blank in T]; reliquiae (T).
Om. such (T).
15. respondent for the same (T) ; Om. As (T and H).
and for the most part (T and H).
Other to streyne (H) ; either to strayne (T).
to the sherif of the shy re (T).
fades (T) ; ins. and is in this forme (T and H ; H also
leaves a space for further insertion).
4-
8.
9, 10
14.
15-
16.
19.
tl.
22.
29.
2.
6.
7-
»3-
n-
25-
2.
5,6.
7-
11.
12.
13-
16.
»7«
19.
n-
24.
*5-
26.
27.
31
APPENDIX C.
. 2, 3. distingiias (T); Om. to the retume of the sherife (T and H).
■ 3» 4. Om. for (T) ; appearing be (T).
. 5. mans head (T and H).
. 13. voideall(H); depending of (T).
. 23. Om. men (H).
. 26. enough (H).
.27. merced [amersed] according to the discretion of the judge[s]
(T and H).
3. kinde of lawefull triall (T and H).
. 7. can be (H).
. 8. partie (T and H) ; their exceptions (T and H).
, 11, 12. parte (T); If foure be once allowed of both parties they
foure do [trye and] allowe (T and H).
. 13. exceptions against them (T).
. 17. of all that (T).
. 18. conscience, when (T).
. 3a Om. order and (T).
32. Om. that it is (T).
, 4, 5. Om. of the evidence (H).
8. partye (H).
. 15. verdite upon (T and H).
16-18. of one of [amongst] them (T and H) ; all. When...
agreed (for it... agree) they (H).
21. narrowly (T).
30. Om. all (T).
1 . be names ( H) ; be made (T).
3. manner of the (T).
7. shyre : as now (T) ; Om. and although (H).
10. but those did (T and H).
16. mette together in one day at the (T).
24. weapon or weapen (T and H).
27. monstere was (H).
2. Om. most (T).
3. all so (T and H).
4. somewhear (T); hundrethes have their (T) ; had (H).
6-7. T places "such... things" between inverted commas.
7. Each hundred (T and H).
12. have such (T).
14- seem (T); 38 (T).
16. contaynithe (T) ; yet all (T).
18, 19. yeare, in the whole making but a quarter of a year (T).
22. being used (T).
24. in that sort (H).
id. all judgementes (H).
N 2
195
DE REPUBLICA ANGLORUM
p. 83.
P. 84.
p. 85.
p. 86.
p. 87.
196
4. likewise the baylife (T) ; bailiffe (H).
. 7. Om. or at his pleasure (T and H).
. 12. Om. other (T).
. 19. controversie among[st] them (T and H).
. 20, 21. can serve (T and H) ; for them which can be contented
(T).
. 24-26. parte so will (T); writte from [of] Westminster Hall to
bringe it thither (T and H).
. 27. to be (H).
. 28. summe, who to suche [a] quantitie doth (T and H).
. 30, 31. from them (H); who that will may bring it to (Hand T).
. 33. Om. the marches of (T and H).
. 1. at [blank in both MSS.].
. 4. Om. yet if (H).
. 7. Chauncery (H).
. 10. after the manner of (T) ; Om. of Englande (T).
.11. manner (T).
.17. to the men (H).
. 18. Prince that ruled (T and H).
. 19. Om. for (T).
. 20. frayers (H).
24. constayned (T).
3, 4. laute or lauge (T) ; lawte or lage (H) ; corruptinge of (T).
4. Om. and chaunging (T) ; chaunge (H) ; from law (T) ;
from lawte (H).
6. Om. yet (T).
8. understanded (H).
12. and the Barony and of the knighte and (H).
16. inhabitinge (T).
17. contrye (H) ; highest (T).
18. 19. or the most parte (H).
23. Om. come (H).
24. learning, activitie, or policie (T).
1. Om. are not (T and H).
6. 30, 40 or 50 (T).
7-9. necessarie to do many things to have many of the Quoium :
for because the wordes (T and H).
1. 9. nos (T).
1. 20. supposeth to be the (T).
1. 28. uppon them (T and H).
1. 31. Om. out (T and H).
1. 1, 2. Om. theftes... extortioners (T).
1. 3. all other such (T).
I.5. If any (T).
APPENDIX C.
8. 9. for any of their [those] faults (T and H).
9. Om. bil (T).
15. on the back (H).
18. ins. The manner of yt [of the bill] is suche. Inquiratur
pro Domino Rege [si] etc. (T and H).
19. truth (T).
23. looketh unto more shortly (T) ; For this first (H).
29. diverse shyres (T and H).
6. ther is nothing determined thear (T and H).
14. in suspition (T and H).
22. Om. good (T).
26. Om. be more unrulie (T); most calme (T and H).
29. popular sorte (T) ; populacie (H).
3. to take (T and H).
4. of those articles (H).
5. to meete (T and H).
8-29. T places " There was... wealth " between inverted commas.
8. in no (H).
15. and to call (H).
15, 16. occasion clothe present two or three (T).
19. So that this is a (T).
20. Om. good (T).
26. come to be doone (T and II).
27. manier de arguit (T).
Heading of chap. 20. takne (T); Om. may (T); can (H).
10. Om. still (T).
13. 14. The parish... this dutie (T and II).
15. to escape (T and H).
16, 17. parties (T) ; their (T).
19. herein (T) ; thereofe (T) ; but also (H).
7. quantitie (T).
9. recognisaunts (H).
12. bodie thereof (T).
25. he empallenethe (T).
28. Om. or view (T).
4. tolde you before of the (T).
5. somtyme to take a day of xx (H) ; sometime of (T).
7. Om. more (T).
14. streightwayes (T).
15. not as a (H).
25. saftie (T).
10. or of killing any man (T and H).
11. take the (T and H).
13. hee finde cause (T and H) ; may keepe (T).
197
DE REPUBLICA ANGLORUM
P- 93-
p. 94.
P-95-
1.
1.
1.
1.
1.
1.
1.
1.
1.
1.
1.
1.
1.
1.
1.
1.
1.
p. 96. 1.
1.
1.
1.
1.
p. 97.
18. behaviour [havor] and abilitie (T and H).
23. Om. the Justice of peace (T).
27. ydlely and suspiciously (T).
1. Om. Princes (T).
2. Otn. till (T).
12. betokeneth is (T); yet knowen (H).
13. Otn. or chiefe (T).
14. borowe or cheefe of the village (T).
16. "Cunning" [Conyng] which is Kinge. " Cunningstable "
[Conyngstable] as (T and H).
4. Otn. also (T).
7. Om. but (T).
8. Om. commonly (T).
10. Om. yet (T and H).
n. there come (T and H).
12. any evidence (T).
20. standinge at (T).
25. quitt (H) ; And then be quitte (T).
2-3. shire as they be appointed (T).
3. yeare, and so other to other (H).
5. up in Th' excheqr (H) ; uppon the Exchequer (T).
6. meeteth them all (T).
9. asketh for their (T); Om. for it (T); Exchequer and his
bayliff (H).
10. by his baylifes hath (T).
ir. enquirye (H); Om. of inquire (T).
13. readely (T).
17. tribunall seate of (T).
18. sit two or three (T) ; sitteth the ii or iii (H).
21-23. Om. according... peace (T).
24. 25. set alowe [on low] whear (T and H).
26. of the writtes of the exchequer (T).
27. table sitte the sheriff of the shyre, behind that there (H).
28. Otn. with (T and H) ; space for the xn (T).
29. Om. men (T and H).
31. Otn. by the gaoler (T); and chained (II).
3. names, which when (T and II).
4. forth with (T).
7. then the clarke (T).
12. one horse of suche an (T).
18. Om. so (T); adjudged (T).
21. can (T) ; other table (T).
23. the table, as therwith his bodie is (T).
25. men do (T).
198
APPENDIX C.
P. 97.
P. 98.
■a
■5
4-
6.
9-
12, 13
causes (T).
before judged (T).
examined him (T).
if ther he (T).
triall. After (T).
crime, and, Thou (T).
14, 15. and thy Countrie (H).
16. of thy (H).
17. against any (T and H).
19. Om. in (T) ; Om. Juror (T and H).
20. CD. (T).
n. upright (T); Om. &c (T).
23. untill they (T).
26, 27. I have said before (H).
29. to have bene committed (T and H).
30. Om. daily (H).
31. men (H).
p. 99. L 4. everie man (T); cryinge (H); Om. then (H).
4,5. or iiii untill (T) ; Om. of xii (T).
7. give any (H); any man have any evidence (T).
13,14. evidence. Yf none come in to geve evidence (H).
16. hande and estimation yet (T).
2. robbest (H).
3. dist beate (T).
6. Om. then (T and H).
7. Om. him (H).
L 10. any evidence (T).
1. 17, 18. dutie to God and the [your] Prince (Tand H); Ovi. doe...
discharge (T).
1. 19. this sometime (T).
L 22. I pray (H).
1. 24, 25. Om. but (T); departure (T); Om. in writing (T).
1. 27, 28. guiltie to bringe in what (T).
1. 29. Om. time of the (H).
p. 101. 1. 5. that did give (H); that gave (T).
1. 10. understanded (T and H).
1. 14. sighte and presence (T).
1. 24. Om. some (T).
1. 27. Om. they tell (H).
1. 29. they have bene by (T).
1. 30. Om. though... expedition (T and H).
1. 33-p. 102, 1. 1. Then he asketh them (T) ; Then the Judge asketh
(H).
p. 102. 1. 5. Thou A. (H).
199
DE REPUBLICA ANGLORUM
p. 102. 1. 6. A.B. (T).
1. 7. being thereof (H) ; Om. thereto (T).
1. 8. wilt (T) ; woldest (II).
1. 9. sayest (T) ; and the (T).
1. 11, 12. Thear he asketh of the quest (T).
I.17. matter. If...guiltie, the (T).
1. 18. person had (T).
1. 22. enquire of the matter (T).
1. 23. Exchequer (T).
1. 37. Om. such (H).
1. 28. Om. be (H).
1. 29. Om. one (T); Om. in (T).
1. 30. feare of lyfe (T).
p. 103. 1. 4. psalm he will (H).
1. 11. non legit (T).
1. 13. A.B. (T).
1. 17. Om. first (T).
1. 25. Om. and is delivered (T).
1. 27. after an other certaine (T).
1. 28. sett at large (T).
1. 31. acquitted forth (H).
p. 104. 1. 1. Om. he (H); an occasion (H).
1. 3. but seldome (H).
Heading of chap. 24. ins. Of (T).
1. 9. Om. that will (T) ; they doo. (T).
1. 10. dismembringe (T).
1. 13. Om. committed (T).
I. 15. engreve(T); (?) engreme (H).
1. 17. which thing is very seldom seene (T) ; murders (T).
1. 23, 24. for it is petit treason (T).
1. 26. Om. but (T and H).
1. 27. Attempt (H); To attempt (T).
p. 105. 1. 1. poison (T); in wait (H) ; laying wait (T).
1. 2. Om. yet (T and H).
1. 5. Om. but (T) ; As (H).
1.6. all that (T); Om. and (T).
1. 9. Om. as (T) ; to torment (T).
1. 14. for severitie (T); For how (T).
1. 15. Om. as a free man (T).
1.2i. Om. him (H).
1. 22. byndeth him not (T).
1. 26, 27. Om. for... torment (T).
1. 29. than here (T).
1. 32. shall (T).
200
APPENDIX C.
p. 106.
p. 107.
p. 108.
p. 109.
p. no.
I.
3-
8.
10.
13,
15-
16,
18.
*3>
24-
27-
2.
6.
10.
3-
9-
10.
11.
12.
14.
16-p
8.
9-
15-
•7-
27.
28.
3°-
33-
3-4
4.5
7-
11.
12.
16.
26.
absolve them (Tj.
Om. to any torment (H).
ins. And this is enquired upon in every fashion. (II).
men do judge him (T).
Om. there is (T); Om. his countrie (T and H).
12. men of whome they have agreed themselves who do [doth]
fynd them worthy [of] death (T and H).
1 4. themselves (T and H).
haughty (T); haultaine (H) ; Om. but (T and H).
17. Om. and punishment (T); and so (T and H)
ould auncient (T); " legum-latores " (T).
24. manner [of] profit or commoditie (T and H).
onely the service (T and H).
is used in Treasons (T).
headed (H); those quarters (T).
adjudged (T).
Om. Lord (T).
in the matter (T); Om. it is (T).
Judge shall (T).
deferr (T and H).
Om. to say to (T).
declareth (H).
for as for (H); Om. and (T).
109, 1. 1. whereby he is (T).
either founde guiltie or ungiltie (T).
And if the Sherif shold deferr th' execution and the prisoner
either (H).
Om. Justices or of the (T).
Om. man (II); or an other to (T).
Om. upon (T and H).
in, he escapeth (T).
Om. but (T and II) ; Queene that now is (T).
Om. one (T).
a large (T).
wear put to utter ignominie (T).
doinges of very many were accounted (T).
Om. verie (T).
Om. Wherefore (T and H) ; This commeth (T and H).
at some time (T).
Om. corruption and (T).
empallened (T).
men seemeth (T).
Om. and (T and H) ; Om. as (T and H).
before in (T).
N 5
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p. no.
p. in.
p. 112.
p. 113.
p. 114.
28. judge (H).
3. Om. that (T) ; to have gone (T).
4. afore (T and H).
6. defamed (T); yereday and waste (H); yeares waste (T).
8. present time (T).
13, 13. Om. and partie (T and H); Om. if...xx. li. (T and H).
14. Om. because (H).
18. And the meane they (H).
19. as is in them the (H).
20. Om. composition and (T).
24. gladly (H) ; the sentence of the first enqueste (T).
25. Mary, if (T and H).
3. revoked afresh (T) ; revoked of fresh (H) ; to be disputed (T);
to the disputee (H) [cf. p. 130, 1. 4].
6. denihillare (T).
9. 'processus' (T).
17. Om. being (T and H).
19, 20. Men they ar permitted (T).
26. But all these (T).
29. losse as evill (T).
4. Om. man (T).
9, 10. apprehended and constitute[d] prisoner, not to be outlawed :
yet within (T and H).
15. see execution of justice (T).
18. I will leave (T).
19. professe accusation (T).
21. to the graunde assise (T and H) ; Om. to (T).
25. Om. in person (T) ; must finde (T).
1. &6\r)reis (H).
4. Om. by (T).
6. Om. according (T).
8. as calumniator (T and H) ; suffer hanginge (T); the paine of
hanginge (H).
, 9. So that as well as by (T and H).
10. death to the one or to the other; mary this [is] more
(T and H).
,12. needs die (T).
, 13, 14. Om. of death (T). This triall is shorte, for by, from
morninge to nighte the quarrell (T) ; querrell (H).
.17. a small too do (II) ; as little to doe (T).
. 25. reason (H).
. 36. Om. they I say (H) ; Philosophic prevayle, it muche mis-
lyketh (T).
1. 28. in many (T).
202
APPENDIX C.
p. 114. I. 31. shadowe of their (T).
1. 32. Om. of triall (H); now beene used, for (T).
1. 33. rather see (T).
p. 115. 1. 1. the history of times (T).
L i«. enquire (T).
1. 15. convicted (T).
1. 17, 18. be to the lawe (T).
1. 21. Om. understand (H).
!. 22. in no (II).
p. 116. 1. 9. images with (T).
I. 12. by force (T and II).
1. 13. our nation (H); our forfathers (T).
1. 1 4. to be either (T and H).
1. 15, 16. or to civill wans amonge themselves, which (T); and to
much accustomed to civill warres within themselves, which
(H).
1. 17. Om. amongest (T) ; where men (T); and where men (H).
1. 18. be plentifull (T and H); who when (T).
1. 19. externe warrs (T and H).
1. 21. combatts amonge (T and H).
1. 22-25. themselves so much impacient of injury and right [wrong]
as they were wont to do all injury they cold by force
[coulde before] with prayse of manhood to their enemyes.
Our nation [being] used (T and H).
1. 26. therunto (T).
1. 32. retaynewe (T); then at (T); Om. of... riots (T); therof the
enquirie at every sessions of (H).
h 33- Sessions of Ryots and Routs (T).
p. 117. 1. 3. themselves together (T).
1. 4. [to] enquire of the Ryot (T and H).
1. 6. dealt with (T and H).
1. 8. Om. Kings (T).
1. 14. Om. come (T).
1. 16. one of (T).
L 17. Om. one (T and H).
1. 21. condemned (T).
1. 22. Om. shall be (H).
1. 23. lying (T).
1. 24. his restraint of libertie (T).
1. 30, 31. wherof yt is attempted (T); wherefore he attempted (H) ;
violence remitted (T and H).
1. 32. Om. stoute (H).
1. 33-p. 118, 1. 1. Om. which. ..men (T) ; manner man (H).
p. 118. 1. 5. chamberlain (T).
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DE REPUBLICA ANGLORUM
p. 1 1 8. 1. 6. to devise that court (T and H).
1. ii. farre of from (H).
1. 20. good remonstrance (T and H).
1. 21. being well (T and H).
p. 119. Heading of chap. 5. Courte (II).
1. 1. Englishe (T).
1. 4. warde or [an] orphane (T and H).
1. 9, 10. Om. the age of (T) ; " tutores" and " curatores " (T).
1. 10. countable (T and H).
1. 11. Om. pupils (T and H).
1. 17. Om. for (H) ; excuse them (T).
1. 19. upon whom (T and H).
1. 22. body of the person (T and H).
1. 25. disagreement (T).
1. 26. age xxj (H) ; Om. yeres (H) ; fourteen struck out and
replaced by 16; in margin, — Westmr. the first cap 12
untill 16 (H).
1. 29. esteemed [by] the profite of [blank in MS.] yeare of (T and
H).
p. 120. 1. 3. of another (T and H); for thear is (T).
1. 4. kinde of wardshipp which is called (T and II).
1. 5. ward in socage (T and H).
1. 7. of the kind (T).
1. 10. if it discend (T).
1. 11. countable (T and H).
1. 18. wardshipp (T) ; for then she (H).
1. 27. gardians or masters (II).
1. 28. but also (T) ; houses and lands (H).
1. 29. Om. to be (T).
p. 121. 1. 1. so ill (T).
1. 2. daynties and pleasures (T).
1. 8. Om. naturall (T).
1. 11. other that hath (T).
1. 15, 16. doe seeke how they (T).
1. 17. They all say they (T).
1. 22. sister or neece (T).
1. 29. to the bare (T and H).
1. 30. Om. sue ouster le main (T) ; outre le maine (II).
1. 31. after besydes (T).
1. 33. that his father left him (T).
p. 122. 1. 4, 5. persons and gentlemen (T).
1. 8. it is descended (II).
1. 13. have a noble man (T).
1. 22. education; our common wealth was (T and II).
204
APPENDIX C.
p. 112. 1. 24. destinate (T); It was thought (T >nd H) ; Om. Yet (T
and H).
1. 28. Om. finde and (T).
I.28-32. friendes. Who... . service? (H).
1. 29. for who (T).
p. 123. 1. 8, 9. of the matter, then an augmentation and that (T).
1. 13. Englande as I havesayed be (T).
1. 14. vitae & (H); vitae vel (T).
1. 18. this have (H).
1. 20. Om. juelles (T).
1. 22. Lawe fee (H) ; Lawe and feode (T).
L 24. She neither (H).
1. 25. Om. anie thing (T); her husbandes or hers (H); Om. owne
(T).
1. 26. Om. Theirs no (T). Hers no (H) ; things by (T).
L 27. Om. as (T) ; Om. aut (T) ; servi or (H) ; familiaris (H).
p. 124. 1. 7. applyed upon his buriall (T); bequest that (T).
1. 10. her children (T).
1. 12. thirde part (T).
L 14. betwixt (T and H).
1.15- But the (T); is if (T).
1. 17, 18. parenthesis from I. 17 placed after prescription (T).
1. 20. children (T).
1. 21. such portions as (T) ; Om. it belongeth unto (T and H).
1. 22. Om. the Ordinarie (T and H); Om. hath (T and H).
1. 22, 24. (suche gravitie is dew to his discretion) for the most (T);
such gratuitye is due unto, according to his discrecion,
for the most (H).
1. 25. by the halfe (T).
L 27. in the[ir] preachers (T and H).
1. 30. that they would (H).
1. 31. gayne or profit (T); that they once (H and T); Om. so (T).
I" 33- with certaine orders (T).
p. 125. 1. 9. Cnaius (H).
I. 13. even as (T).
1. 1 7. out of one (T) ; out of their (H).
1. 21. Om. but Philippe Smith (H); Om. and...signe (T).
1. 22. Om. so (T).
1. 23. and is called (T).
1. 30. last husbande (T).
p. 126. 1. 1. we have certeine in (T) ; Om. olde lawe and (H).
1. 2. manages as (T) ; memorie and vew or (T).
1. 3. as given (T).
1. 6. did but buy (T).
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DE REPUBLICA ANGLORUM
p. 126. 1. 7. Libripeus (T); Libripens (H).
1. 8. " perfectae " (T).
1. ix. Om. both (T).
1. 17, 18. childe is accompted myne heire and lawefull (H) ; lawefull
chylde (T).
1. 22. Om. children (H); rather meliores (H) ; meliors (T).
1. 23. unlawful! (T).
1. 26. they legittimate (H).
1. 28. sayed (T).
1. 29. potestate viri (II).
p. 127. 1. 1. wives of Greece (H); wives in Greece (T).
1. 3. Om. office (T).
1. 8. wyfe (T).
1. 10. especially when they be (T).
1. 11. Om. them (T and H).
1. 14. executrices (H).
I.16. governaunce of their (H).
1. 20. talked of [onely] (T and H).
1. 21. executrix (T).
1. 23, 24. As the manner is of the (T and H) ; husbande bringeth
(T and H).
1. 26. [n]or alienate his wives land (T and H).
1. 27. during the tyme of (H).
1. 30. the next (T and H).
1. 31. mary if (T and H).
1. 33. userie of the (T).
p. 128. 1. 4. bought with [his] monye (T and H).
1. 6, 7. Om. That...landes (T).
1. 8. dower (T).
1. 9. have any childe (H) ; to him (II) ; unto them (T).
1. 10. Om. eldest (T and H) ; have none the rest descendethe (T).
1. 16. understanded (T and H).
1. 17. is not more (H).
1. 20, 21. wife, themselves, their parents, and (T).
1. 22. strength wherein (T).
1. 29. other lands (T and H).
p. 129. 1. 1. Om. other (H).
1. 2. mancipatio (H).
1. 3. Like (II).
1. 6. manner of law (T).
1. 10. controllinge (T and H).
1. 15. there is no (H); honour dieth (T).
1. 16. wholly (H); lands descend wholly (T).
1. 20. in his life time (T).
206
APPENDIX C.
24, 25. that ceremony (T and H).
26. Om. by (T and H) ; la we taketh place. If (T and H).
28. partition (T).
31, 32. Om. in. ..and (T); yet that which is called ganelkinde or
Gabel kinde (T) ; gavell kinge (H).
(?) disputee (H) [cf. p. 140, 1. 12].
Om. which... servi (T and H).
the disputee (H) [cf. 1. 4].
ther was other which (T).
bond men (T and H).
and those (H).
villains regardants (T and H); Om. immediately (T and H).
nigri censiti (T).
manor. Those in the [our] (T and H).
27. called villains appendants of the manor (T and H).
4-
11.
12.
15-
18.
19.
20.
*3-
*5-
16,
28.
i-3-
4-
5,6-
10.
Om. number (T).
Om. of.. .that (T) ; speaking of (T).
the sortes (II) ; these sortes (T).
Om. in Englande (T) ; used as done (T).
since the (T); required (T).
n, 12. Om. which... brethren (T).
12. Christ we be all "conservi" (T).
14, 15. he must (H); the rest acknowledge (T).
15, 16. their brother, and even as fitly termed a Christian (T);
terme even Christian (H).
17, 18. with me [?men] (H) ; Christ with man (?) to have portion
in the gospell of salvation (T).
18, 19. scruple, long tyme ago, and by (T and H).
20. especially in extreme (T).
23. Om. and litle (H).
25. all theirs. Marie (T and H); Om. with the (T and H).
26. Om. in... by (T and H).
28. Churche (T).
29. Churche (T and H); mannor (T).
31. Om. at. ..and (T).
33. them partly (H) ; theirs ; partly (T).
4. Om. yet (T and H).
5. Om. with us (T) ; in such sort (H).
8. to holde (T and H).
9. other save that (H) ; other savinge that (T).
10. would fleese (T).
12. taile now them (H) ; do take now and thenn and take a
peece of mony of them whom (T).
1. 15. chainging (T) ; changement (H).
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1 6. Om. gentle (T).
17. Christians (H).
18. Om. servile (T).
20. [the] villayns appendants] (H and T) ; and afterwards (H).
21. extinguished and finding (H); extinguished that finding (T).
23. time of gentility (T and H).
24. Om. they. ..whole (T).
27. christned (T) ; Christomed (H).
28,29. Om. and serve... them (T).
5. Om. part (T).
8. Om. one (T).
12. Om. have (H).
13. their oulde profetts did (T).
14. Om. that (II); that that Christ which was (T).
16. their heal the in (T).
20. it hath fructified (II) ; fructifying (T).
2 1 . have brought (T) ; humaine gentlenesse (T) .
25. Om. in (H); serf(H).
28. teach us (H).
29. Barbares (H).
30. serfs or (H) ; slaves and (T).
32. a syne and fashion (T).
1. villaines appendants] (T and H).
1, 2. ground, [and] for that service and that (T and H).
7. Om. as (T and H).
12. This terme (H).
13. villany (T).
15. Om. lande (T).
17. upper grounde (H).
19. 20. Om. doeth bring (H).
23. faith and confidence or (T).
24. some other service (T) ; a Lorde (H).
25. Om. againe (T and H).
30. capite (T and H).
32, 33. he sweareth (H).
1, 2. Om. His.. .land (T).
2. father, if he be within th' age shalbe his ward, and his
daughter if he holdeth the land after the death of the
father, shall be maried (H).
1. 2-4. father, yf he be within age shall be his warde, and his
daughter yf shee holde the lande (T).
1. 5. almosine (?) (H) ; almosy (T) ; Om. cause and (H).
1. *ro. foedo (H) ; feode (T).
1. 14. save (T and H).
208
APPENDIX C.
p. 135. 1. 15. be indeed not "vere [veri] Domini" (T and II); Om. but
rather (T).
24. Om. was (T) ; in fide (H).
25. or in feaf : (T).
26. 27. Lawyer (II); Om. make (H); Om. a (T); words (T).
30. fief, feoff, or fioffees and feoffers (II) ; fef, feaf, or feoffes (T).
. 3. no. [blank in MS.] (II); vetitum namium (ed. 1584); veti-
tum, mary (T).
. 3, 4. when it is in plaine [in oulde] duche and our (T and H).
. 5. yther nempte (II) ; vither-nempte iterum accipere (T).
. 7. taketh (H).
. 9. carieth (H).
. 10. order of tyme (T).
. 17. of them bothe (T).
. 1 8. toume thither from (T).
. 19. parties be free (T).
. 28. bound (H).
. 29. thereof. This is (T and H).
. 33. betwixt (T and H).
6. is but by (II) ; is but for (T).
7. a time. For the time (H) ; Om. and... time (T).
16. meete. He is (H); masters findinge (T).
19. Om. for (T and H); Om. or x (T).
20. yeres, some x or xii yeares (T).
21. Om. shall. ..or (T and H).
22. noteth (T) ; hath well noted (H).
24, 25. Om. neither yet doeth (T and H); and the worde dothe
[not] betokne it [that] as Polidor dothe suppose (T and
H).
30. as one (T).
3. Om. upon (T and H).
7. hired by the yeare (H).
9. all the whole (T).
12. Om. and be (T and H).
16. must not (T).
18. depart out of his service (T and H).
19. expyred (T).
21. Om. unmaried (T).
3. himselfe (T).
4. Om. spoken (T).
6. him selfe (T).
15. "servi"(T); service (H).
18. one fashion and some [after an] other (T and H).
Heading of chap. 9. bookes (T and H).
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DE REPUBLICA ANGLORUM
23-
8,9
ii.
13.
16.
23.
27.
3°-
3i-
4-
7-
themselves (T).
still : that (T and H) ; Om. of (H) ; newe and (T and H) ;
Om. those... keeping (T and H).
conscience, that they shoulde be kept and ordered as they
weare before in paganisme: they committed (T).
as [such] things whearof (T and H).
skill of the disputee (H) [cf. p. 130, 1. 4, 12]; skill to dispute
of (l>.
rather canon (H) ; rather com : (T) ; contestatorum (T).
24. Om. in the common lawe (T and H).
la we, or if I (T and H).
possessor as " Intestator" (T).
oweth (T) ; owed (H).
praemunier (T).
proctor and assessor or whoso (T).
10, 11. Om. of the realme (T).
'3-
17-
18.
*3-
*5-
26.
29.
3i-
33-
praemuniri for (T) ; Om. because that (T and H).
holde (T); hathe helde (H).
define yt (T).
forum (T and H).
divers from (T and H).
Om. is (T and H).
regis and (T); Om. Yet (T and H); I speake of this last
although at this present (T and H).
other (H) ; the other (T) ; Om. force (T).
Om. forren (T).
Om. indeede (T and H) ; Om. nowe (T and H).
Between lines 3 and 4, H inserts a heading: Cap : 10. Epilogus.
4. carte (T).
5. termeth iv tottw (T).
11, 12. Romanes which Justinian hathe compyled (T and H).
14. of Persees (H); Om. of Persia (T); nor our (H).
15. Om. being (T and H).
16. Om. never (T); imaginations, and phantased (T).
19. Om. Anno (T); ins. Dm (H).
22. in the 51 (H).
27. write (H) ; Om. easie (T) ; easily (H).
28, 29. the eies (T) ; the handes (T) ; Om. as (T) ; Om. project
or (T).
4. Om. in (T).
10. Om. better (T).
210
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